# C_2016482EN.01019201.xml

| 23.12.2016 | EN | Official Journal of the European Union | C 482/192 |
| --- | --- | --- | --- |

23.12.2016

EN

Official Journal of the European Union

C 482/192

---

P7_TA(2014)0027

Access of goods and services to public procurement markets ***I

Amendments adopted by the European Parliament on 15 January 2014 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 (COM(2012)0124 — C7-0084/2012 — 2012/0060(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2016/C 482/41)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Title 1

Title 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Proposal for a | Proposal for a |
| REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | 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 | on the access of third-country goods and services to the Union's internal market in public procurement and
  concessions and
  procedures supporting negotiations on access of Union goods and services to the public procurement markets
  and to the concessions
  of third countries |
| (Text with EEA relevance) | (Text with EEA relevance) |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Proposal for a

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

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

on the access of third-country goods and services to the Union's internal market in public procurement and
  concessions and
  procedures supporting negotiations on access of Union goods and services to the public procurement markets
  and to the concessions
  of third countries

concessions and

and to the concessions

(Text with EEA relevance)

(Text with EEA relevance)

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Citation 3 a (new)

Citation 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Having regard to the revised public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD)); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Having regard to the revised public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD));

Having regard to the revised public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD));

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Citation 3 b (new)

Citation 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Having regard to the revised Plurilateral Agreement on Government Procurement (GPA); |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Having regard to the revised Plurilateral Agreement on Government Procurement (GPA);

Having regard to the revised Plurilateral Agreement on Government Procurement (GPA);

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 1

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(1)

Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade.

| (1) | Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to
  safeguard its values, fundamental interests, security, independence and integrity and to
  encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade. |
| --- | --- |

(1)

Article 21 of the Treaty on European Union provides that the Union is to define and pursue common policies and actions, and work for a high degree of cooperation in all fields in international relations in order, inter alia, to
  safeguard its values, fundamental interests, security, independence and integrity and to
  encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade.

safeguard its values, fundamental interests, security, independence and integrity and to

Amendment 86

Amendment 86

Proposal for a regulation

Proposal for a regulation

Recital 4 a (new)

Recital 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a) | The revised plurilateral World Trade Organisation (WTO) Agreement on Government Procurement (GPA) provides only for limited market access for Union companies to the public procurement markets of third countries and applies only to a limited number of WTO Members, which are parties to the GPA. The revised GPA was ratified by the Union in December 2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(4a)

(4a)

The revised plurilateral World Trade Organisation (WTO) Agreement on Government Procurement (GPA) provides only for limited market access for Union companies to the public procurement markets of third countries and applies only to a limited number of WTO Members, which are parties to the GPA. The revised GPA was ratified by the Union in December 2013.

The revised plurilateral World Trade Organisation (WTO) Agreement on Government Procurement (GPA) provides only for limited market access for Union companies to the public procurement markets of third countries and applies only to a limited number of WTO Members, which are parties to the GPA. The revised GPA was ratified by the Union in December 2013.

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 5

Recital 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | Within the context of the World Trade Organisation and through its bilateral relations the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

Within the context of the World Trade Organisation and through its bilateral relations the Union advocates an ambitious opening of international public procurement markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.

| (5) | Within the context of the World Trade Organisation and through its bilateral relations the Union advocates an ambitious opening of international public procurement
  and concessions
  markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit. |
| --- | --- |

(5)

Within the context of the World Trade Organisation and through its bilateral relations the Union advocates an ambitious opening of international public procurement
  and concessions
  markets of the Union and its trading partners, in a spirit of reciprocity and mutual benefit.

and concessions

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 5 a (new)

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Public procurement forms an important part of the Union's gross domestic product and should therefore be used to strengthen the Union's potential for innovation and industrial production. With a view to a sustainable industry policy strategy in the Union, unfair tenders comprising goods and/or services originating outside the Union should therefore be excluded. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5a)

(5a)

Public procurement forms an important part of the Union's gross domestic product and should therefore be used to strengthen the Union's potential for innovation and industrial production. With a view to a sustainable industry policy strategy in the Union, unfair tenders comprising goods and/or services originating outside the Union should therefore be excluded. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured.

Public procurement forms an important part of the Union's gross domestic product and should therefore be used to strengthen the Union's potential for innovation and industrial production. With a view to a sustainable industry policy strategy in the Union, unfair tenders comprising goods and/or services originating outside the Union should therefore be excluded. At the same time, reciprocity and fair conditions for the market access of Union industries should be ensured.

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 5 b (new)

Recital 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5b)

(5b)

Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights.

Union trade policy should help to reduce poverty worldwide by promoting improved working conditions, health and safety at work and fundamental rights.

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 6

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | Many third countries are reluctant to open their public procurement markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(6)

Many third countries are reluctant to open their public procurement markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.

| (6) | Many third countries are reluctant to open their public procurement
  and their concessions
  markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities. |
| --- | --- |

(6)

Many third countries are reluctant to open their public procurement
  and their concessions
  markets to international competition, or to open those markets further than what they have already done. As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union. Those restrictive procurement practices result in the loss of substantial trading opportunities.

and their concessions

Amendment 87

Amendment 87

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Directives 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (10) and 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11) contain only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 58 and 59 of Directive 2004/17/EC. These provisions however only
  have
  a limited scope and due to a lack of guidance they
  are
  not much applied by contracting entities. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7)

Directives 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (10) and 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11) contain only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 58 and 59 of Directive 2004/17/EC. These provisions however only
  have
  a limited scope and due to a lack of guidance they
  are
  not much applied by contracting entities.

10

11

have

are

| (7) | Directives 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (10) and 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11) contain only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 58 and 59 of Directive 2004/17/EC. These provisions, however only
  had
  a limited scope and due to a lack of guidance they
  were
  not much applied by contracting entities
  , and should therefore be replaced by more concise and applicable provisions
  . |
| --- | --- |

(7)

Directives 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (10) and 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (11) contain only a few provisions concerning the external dimension of the public procurement policy of the Union, in particular Articles 58 and 59 of Directive 2004/17/EC. These provisions, however only
  had
  a limited scope and due to a lack of guidance they
  were
  not much applied by contracting entities
  , and should therefore be replaced by more concise and applicable provisions
  .

10

11

had

were

, and should therefore be replaced by more concise and applicable provisions

Amendment 88

Amendment 88

Proposal for a regulation

Proposal for a regulation

Recital 7 a (new)

Recital 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (7a) | Market access for bidders from third countries to Union public procurement markets should be provided in accordance with Directives 2014/.../EU

   (12)

  , 2014/.../EU

   (13)

  and 2014/.../EU

   (14)

  of the European Parliament and of the Council; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7a)

(7a)

Market access for bidders from third countries to Union public procurement markets should be provided in accordance with Directives 2014/.../EU

   (12)

  , 2014/.../EU

   (13)

  and 2014/.../EU

   (14)

  of the European Parliament and of the Council;

Market access for bidders from third countries to Union public procurement markets should be provided in accordance with Directives 2014/.../EU

12

, 2014/.../EU

13

and 2014/.../EU

14

of the European Parliament and of the Council;

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In accordance with Article 207 TFEU the common commercial policy in the field of public procurement is to be based on uniform principles. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(8)

In accordance with Article 207 TFEU the common commercial policy in the field of public procurement is to be based on uniform principles.

| (8) | In accordance with Article 207 TFEU the common commercial policy in the field of public procurement
  and concessions
  is to be based on uniform principles. |
| --- | --- |

(8)

In accordance with Article 207 TFEU the common commercial policy in the field of public procurement
  and concessions
  is to be based on uniform principles.

and concessions

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 9

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.

| (9) | In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement
  and concessions
  should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information. |
| --- | --- |

(9)

In the interest of legal certainty for Union and third-country economic operators and contracting authorities/entities, the international market access commitments undertaken by the Union vis-à-vis third countries in the field of public procurement
  and concessions
  should be reflected in the legal order of the EU, thereby ensuring effective application thereof. The Commission should issue guidance on the application of the existing international market access commitments of the European Union. This guidance should be updated on a regular basis and provide easy to use information.

and concessions

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 9 a (new)

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | The Commission should ensure that it does not fund programmes for which international public contracts are awarded or implemented in a manner inconsistent with the principles laid down in the public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD)). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9a)

(9a)

The Commission should ensure that it does not fund programmes for which international public contracts are awarded or implemented in a manner inconsistent with the principles laid down in the public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD)).

The Commission should ensure that it does not fund programmes for which international public contracts are awarded or implemented in a manner inconsistent with the principles laid down in the public procurement directives (2011/0438(COD), 2011/0439(COD) and 2011/0437(COD)).

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The objectives of improving the access of EU economic operators to the public procurement markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

The objectives of improving the access of EU economic operators to the public procurement markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union.

| (10) | The objectives of improving the access of EU economic operators to the public procurement
  and concessions
  markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union. |
| --- | --- |

(10)

The objectives of improving the access of EU economic operators to the public procurement
  and concessions
  markets of certain third countries protected by restrictive procurement measures and preserving equal conditions of competition within the European Single Market require that the treatment of third-country goods and services not covered by the international commitments of the Union be harmonised throughout the European Union.

and concessions

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article
  22 to 26 of Regulation (EC) No 2913/1992 of the European Parliament and of the Council of 12 October 1992 establishing the Community Customs Code

   (12). According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The guidance referred to in recital 9 should cover the application in practice of the rules of origin. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article
  22 to 26 of Regulation (EC) No 2913/1992 of the European Parliament and of the Council of 12 October 1992 establishing the Community Customs Code

   (12). According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it. The guidance referred to in recital 9 should cover the application in practice of the rules of origin.

22 to 26 of Regulation (EC) No 2913/1992 of the European Parliament and of the Council of 12 October 1992 establishing the Community Customs Code

12

| (11) | For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article
  s 59 to 63 of Regulation (EU) No 952/2013
  of the European Parliament and of the Council
  , including the additional provisions to be adopted under


  Article 65 thereof.
  According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it
  . The determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of ‘letterbox’ companies
  . The guidance referred to in recital 9 should cover the application in practice of the rules of origin. |
| --- | --- |

(11)

For this purpose rules of origin should be established so that contracting authorities/entities know whether goods and services are covered by the international commitments of the European Union. The origin of a good should be determined in accordance with Article
  s 59 to 63 of Regulation (EU) No 952/2013
  of the European Parliament and of the Council
  , including the additional provisions to be adopted under


  Article 65 thereof.
  According to this Regulation goods should be considered to be Union goods when they are wholly obtained or produced in the Union. Goods whose production involved one or more third countries should be deemed to originate in the country where they underwent their last, substantial, economically justified processing or working in an undertaking equipped for that purpose and resulting in the manufacture of a new product or representing an important stage of manufacture. The origin of a service should be determined on the basis of the origin of the natural or legal person providing it
  . The determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of ‘letterbox’ companies
  . The guidance referred to in recital 9 should cover the application in practice of the rules of origin.

s 59 to 63 of Regulation (EU) No 952/2013

, including the additional provisions to be adopted under

Article 65 thereof.

. The determination of the origin of a service should be made in line with the principles of the WTO General Agreement on Trade in Services (GATS). The provisions determining the rules of origin of services should prevent the circumvention of restrictions on access to the Union public procurement market through the establishment of ‘letterbox’ companies

Amendments 14 and 89

Amendments 14 and 89

Proposal for a regulation

Proposal for a regulation

Recital 12

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [....] of the European Parliament and the Council of [....]....on the award of concession contracts (13)] exclude, for contracts with an estimated value equal or above EUR 5 000 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12)

The Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [....] of the European Parliament and the Council of [....]....on the award of concession contracts (13)] exclude, for contracts with an estimated value equal or above EUR 5 000 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union.

13

| (12) | In the event that the Commission initiates an external procurement investigation to determine whether a lack of substantial reciprocity can be observed regarding access to the public procurement markets of third countries,
  the Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [...] of the European Parliament and the Council of [...]...on the award of concession contracts (13)] exclude, for
  procedures for the award of
  contracts
  or concessions
  with an estimated value equal or above EUR 5 000 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union.
  This does not concern procedures for the award of contract goods and services originating in the countries of the European Economic Area as defined by the relevant rules of origin, as well as contract goods and services originating in countries that benefit from the ‘Everything But Arms’ arrangement as listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council

   (13a)

  , as well as contract goods and services originating 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. |
| --- | --- |

(12)

In the event that the Commission initiates an external procurement investigation to determine whether a lack of substantial reciprocity can be observed regarding access to the public procurement markets of third countries,
  the Commission should assess whether to approve that contracting authorities/entities within the meaning of Directives [2004/17/EC, 2004/18/EC and Directive [...] of the European Parliament and the Council of [...]...on the award of concession contracts (13)] exclude, for
  procedures for the award of
  contracts
  or concessions
  with an estimated value equal or above EUR 5 000 000 from procedures for the award of contracts goods and services not covered by the international commitments undertaken by the European Union.
  This does not concern procedures for the award of contract goods and services originating in the countries of the European Economic Area as defined by the relevant rules of origin, as well as contract goods and services originating in countries that benefit from the ‘Everything But Arms’ arrangement as listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council

   (13a)

  , as well as contract goods and services originating 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.

In the event that the Commission initiates an external procurement investigation to determine whether a lack of substantial reciprocity can be observed regarding access to the public procurement markets of third countries,

13

procedures for the award of

or concessions

This does not concern procedures for the award of contract goods and services originating in the countries of the European Economic Area as defined by the relevant rules of origin, as well as contract goods and services originating in countries that benefit from the ‘Everything But Arms’ arrangement as listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council

13a

, as well as contract goods and services originating 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.

Amendments 15 and 90

Amendments 15 and 90

Proposal for a regulation

Proposal for a regulation

Recital 13

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts should inform economic operators thereof in the
  contract notice published in the Official Journal of the European Union
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts should inform economic operators thereof in the
  contract notice published in the Official Journal of the European Union
  .

contract notice published in the Official Journal of the European Union

| (13) | For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts
  or concessions
  should inform economic operators thereof in the
  introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in point 15 of Article 2(1) of Directive [2014/.../EU] on public procurement and point 15 of Article 2 of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts
  . |
| --- | --- |

(13)

For the sake of transparency, contracting authorities/entities intending to make use of their power in accordance with this Regulation to exclude tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services from procedures for the award of contracts
  or concessions
  should inform economic operators thereof in the
  introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in point 15 of Article 2(1) of Directive [2014/.../EU] on public procurement and point 15 of Article 2 of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts
  .

or concessions

introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in point 15 of Article 2(1) of Directive [2014/.../EU] on public procurement and point 15 of Article 2 of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 15

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | For contracts with an estimated value equal or above EUR 5 000 000 the Commission should approve the intended exclusion 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. Where such an agreement does not exist, the Commission should approve the exclusion where 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 should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15)

For contracts with an estimated value equal or above EUR 5 000 000 the Commission should approve the intended exclusion 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. Where such an agreement does not exist, the Commission should approve the exclusion where 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 should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services.

| (15) | For contracts
  and concessions
  with an estimated value equal or above EUR 5 000 000 the Commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement
  and concessions
  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. Where such an agreement does not exist, the Commission should approve the exclusion where the third country maintains restrictive procurement measures
  in the field of procurement or the award of concessions
  leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity should be presumed where restrictive procurement measures
  in the field of procurement or the award of concessions
  result in serious and recurring discriminations of EU economic operators, goods and services
  or if the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when those European undertakings have tried to secure the award of contracts and concessions in third countries. |
| --- | --- |

(15)

For contracts
  and concessions
  with an estimated value equal or above EUR 5 000 000 the Commission should approve the intended exclusion if the international agreement concerning market access in the field of public procurement
  and concessions
  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. Where such an agreement does not exist, the Commission should approve the exclusion where the third country maintains restrictive procurement measures
  in the field of procurement or the award of concessions
  leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned. A lack of substantial reciprocity should be presumed where restrictive procurement measures
  in the field of procurement or the award of concessions
  result in serious and recurring discriminations of EU economic operators, goods and services
  or if the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when those European undertakings have tried to secure the award of contracts and concessions in third countries.

and concessions

and concessions

in the field of procurement or the award of concessions

in the field of procurement or the award of concessions

or if the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when those European undertakings have tried to secure the award of contracts and concessions in third countries.

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | When assessing whether a lack of substantial reciprocity exists, the Commission should examine 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. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic
  operators
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16)

When assessing whether a lack of substantial reciprocity exists, the Commission should examine 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. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic
  operators
  .

operators

| (16) | When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree
  the laws on
  public procurement
  and concessions
  of the country concerned ensure transparency in line with international standards in the field of public procurement and
  concessions
  preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic
  operator or to what degree the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when these European undertakings have tried to secure the award of contracts and concessions in third countries. |
| --- | --- |

(16)

When assessing whether a lack of substantial reciprocity exists, the Commission should examine to what degree
  the laws on
  public procurement
  and concessions
  of the country concerned ensure transparency in line with international standards in the field of public procurement and
  concessions
  preclude any discrimination against Union goods, services and economic operators. In addition, it should examine to what degree public authorities and/or individual procuring entities maintain or adopt discriminatory practices against Union goods, services and economic
  operator or to what degree the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when these European undertakings have tried to secure the award of contracts and concessions in third countries.

the laws on

and concessions

concessions

operator or to what degree the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to serious difficulties encountered by European undertakings and reported to the Commission, when these European undertakings have tried to secure the award of contracts and concessions in third countries.

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Recital 16 a (new)

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | When assessing tenders comprising goods and/or services originating outside the Union, contracting authorities and the Commission should ensure the compliance with the criteria for fair trade, as well as for the compliance with labour rights and environmental standards as laid down in Article 15(2) of and Annex 11 to the Directive on public procurement [...] (2014) XXX. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16a)

(16a)

When assessing tenders comprising goods and/or services originating outside the Union, contracting authorities and the Commission should ensure the compliance with the criteria for fair trade, as well as for the compliance with labour rights and environmental standards as laid down in Article 15(2) of and Annex 11 to the Directive on public procurement [...] (2014) XXX.

When assessing tenders comprising goods and/or services originating outside the Union, contracting authorities and the Commission should ensure the compliance with the criteria for fair trade, as well as for the compliance with labour rights and environmental standards as laid down in Article 15(2) of and Annex 11 to the Directive on public procurement [...] (2014) XXX.

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and the Commission considers that there is a reasonable prospect of removing the restrictive procurement practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17)

The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and the Commission considers that there is a reasonable prospect of removing the restrictive procurement practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.

| (17) | The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and
  /or concessions
  the Commission considers that there is a reasonable prospect of removing the restrictive procurement
  and/or concessions
  practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year. |
| --- | --- |

(17)

The Commission should be able to prevent the possible negative impact of an intended exclusion on on-going trade negotiations with the country concerned. Therefore, the Commission may, where a country is engaging in substantive negotiations with the Union concerning market access in the field of public procurement and
  /or concessions
  the Commission considers that there is a reasonable prospect of removing the restrictive procurement
  and/or concessions
  practices in the near future, it should be able to adopt a implementing act providing that goods and services from that country should not be excluded from procedures for the award of contracts for a period of one year.

/or concessions

and/or concessions

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Recital 18

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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 or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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 or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation.

| (18) | In view of the fact that the access of third country goods and services to the public procurement market of the Union and
  to concessions
  falls within the scope of the common commercial policy, Member States or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation
  or by relevant Union law. |
| --- | --- |

(18)

In view of the fact that the access of third country goods and services to the public procurement market of the Union and
  to concessions
  falls within the scope of the common commercial policy, Member States or their contracting authorities/entities should not be able to restrict the access of third country goods or services to their tendering procedures by any other measure than the ones provided for in this Regulation
  or by relevant Union law.

to concessions

or by relevant Union law.

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Recital 19

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of
  the
  Directive on public procurement and Article 79 of
  the
  Directive on procurement by entities operating in the water, energy, transport and postal services sectors the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19)

In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders. In addition to the rules provided by Article 69 of
  the
  Directive on public procurement and Article 79 of
  the
  Directive on procurement by entities operating in the water, energy, transport and postal services sectors the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged. This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market.

the

the

| (19) | In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders.
  Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices.
  In addition to the rules provided by Article 69 of Directive
  2014/XXX/EU of the European Parliament and of the Council

   (13a) and Article 79 of Directive
  2014/XXX/EU of the European Parliament and of the Council

   (13b) the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged
  . Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender
  . This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market. |
| --- | --- |

(19)

In view of the greater difficulty for contracting authorities/entities to assess, in the context of tenders comprising goods and/or services originating outside the European Union, in which the value of the non-covered goods or services exceeds 50 % of the total value of these goods or services, the explanations of tenderers it is appropriate to provide for an increased transparency in the treatment of abnormally low tenders.
  Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices.
  In addition to the rules provided by Article 69 of Directive
  2014/XXX/EU of the European Parliament and of the Council

   (13a) and Article 79 of Directive
  2014/XXX/EU of the European Parliament and of the Council

   (13b) the contracting authority/entity that intends to accept such an abnormally low tender, should inform the other tenderers of this in writing including the reasons for the abnormally low character of the price or costs charged
  . Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender
  . This allows these tenderers to contribute to a more accurate assessment as to whether the successful tenderer will be able to fully perform the contract under the conditions spelled out in the tender documentation. Therefore, this additional information would achieve a more level playing field on the EU public procurement market.

Tenders that appear abnormally low in relation to the works, supplies or services might be based on technically, economically or legally unsound assumptions or practices.

2014/XXX/EU of the European Parliament and of the Council

13a

2014/XXX/EU of the European Parliament and of the Council

13b

. Where the tenderer cannot provide a sufficient explanation, the contracting authority should be entitled to reject the tender

Amendments 22 and 91

Amendments 22 and 91

Proposal for a regulation

Proposal for a regulation

Recital 20

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | 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 external
  procurement
  investigation into restrictive procurement practices allegedly maintained by a third country.
  In particular it shall take into account the fact that the Commission has approved a number of intended exclusions concerning a third country pursuant to Article 6(2) of this Regulation.
  Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (14.). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(20)

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 external
  procurement
  investigation into restrictive procurement practices allegedly maintained by a third country.
  In particular it shall take into account the fact that the Commission has approved a number of intended exclusions concerning a third country pursuant to Article 6(2) of this Regulation.
  Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (14.).

procurement

In particular it shall take into account the fact that the Commission has approved a number of intended exclusions concerning a third country pursuant to Article 6(2) of this Regulation.

14.

| (20) | 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 external investigation into restrictive procurement
  and concessions
  practices allegedly maintained by a third country.
  In its decision to initiate an external investigation procedure, it should take into account the number of requests made by contracting authorities/entities or Member States.
  Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (14.). |
| --- | --- |

(20)

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 external investigation into restrictive procurement
  and concessions
  practices allegedly maintained by a third country.
  In its decision to initiate an external investigation procedure, it should take into account the number of requests made by contracting authorities/entities or Member States.
  Such investigative procedures should be without prejudice to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization (14.).

and concessions

In its decision to initiate an external investigation procedure, it should take into account the number of requests made by contracting authorities/entities or Member States.

14.

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Recital 21

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(21)

Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.

| (21) | Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement
  and concession
  practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country. |
| --- | --- |

(21)

Where the Commission has, on the basis of information available to it, reason to believe that a third country has adopted or maintains a restrictive procurement
  and concession
  practice, it should be able to start an investigation. If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.

and concession

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Recital 22

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | If the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for EU economic operators, goods and services, the Commission should take appropriate restrictive measures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22)

If the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for EU economic operators, goods and services, the Commission should take appropriate restrictive measures.

| (22) | If the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for EU economic operators, goods and services
  within a reasonable timeframe or remedial/corrective measures taken by the third country concerned are not considered satisfactory
  , the Commission should take appropriate restrictive measures. |
| --- | --- |

(22)

If the consultations with the country concerned do not lead to sufficient improvement in the tendering opportunities for EU economic operators, goods and services
  within a reasonable timeframe or remedial/corrective measures taken by the third country concerned are not considered satisfactory
  , the Commission should take appropriate restrictive measures.

within a reasonable timeframe or remedial/corrective measures taken by the third country concerned are not considered satisfactory

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Recital 23

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | Such measures may entail the mandatory exclusion of certain third-country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(23)

Such measures may entail the mandatory exclusion of certain third-country goods and services from public procurement procedures in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.

| (23) | Such measures may entail the mandatory exclusion of certain third-country goods and services from public procurement procedures
  or procedures for the award of concessions
  in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond
  and should apply for a maximum period of five years, which can be extended for another five years
  . |
| --- | --- |

(23)

Such measures may entail the mandatory exclusion of certain third-country goods and services from public procurement procedures
  or procedures for the award of concessions
  in the European Union, or may subject tenders made up of goods or services originating in that country to a mandatory price penalty. To avoid circumvention of these measures, it may also be necessary to exclude certain foreign-controlled or owned juridical persons established in the European Union, that are not engaged in substantive business operations such that it has a direct and effective link with the economy of a Member State concerned. Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond
  and should apply for a maximum period of five years, which can be extended for another five years
  .

or procedures for the award of concessions

and should apply for a maximum period of five years, which can be extended for another five years

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Recital 24 a (new)

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(24a)

(24a)

It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.

It is also imperative that, in view of an appropriate integration of environmental, social and labour requirements, contracting authorities take relevant measures to ensure compliance with obligations in the fields of environmental, social and labour law that apply at the place where the works are executed and result from international obligations, laws, regulations, decrees and decisions, at both national and Union level, as well as from collective agreements.

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Recital 26

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | In the light of the overall policy of the Union
  with regard to least-developed countries as provided for, inter alia, in
  Council Regulation (
  EC
  ) No
  732
  /
  2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009, it is appropriate to assimilate
  goods and services from
  these
  countries to Union goods and services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(26)

In the light of the overall policy of the Union
  with regard to least-developed countries as provided for, inter alia, in
  Council Regulation (
  EC
  ) No
  732
  /
  2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009, it is appropriate to assimilate
  goods and services from
  these
  countries to Union goods and services.

with regard to least-developed countries as provided for, inter alia, in

EC

732

2008 of 22 July 2008 applying a scheme of generalised tariff preferences from 1 January 2009, it is appropriate to assimilate

these

| (26) | 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 the European Parliament and
  Council Regulation (
  EU
  ) No
  978
  /
  2012, it is appropriate to assimilate goods and services from least-developed countries benefitting from the ‘Everything But Arms’ arrangement as well as
  goods and services from
  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,
  to Union goods and services. |
| --- | --- |

(26)

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 the European Parliament and
  Council Regulation (
  EU
  ) No
  978
  /
  2012, it is appropriate to assimilate goods and services from least-developed countries benefitting from the ‘Everything But Arms’ arrangement as well as
  goods and services from
  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,
  to Union goods and services.

objective

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 the European Parliament and

EU

978

2012, it is appropriate to assimilate goods and services from least-developed countries benefitting from the ‘Everything But Arms’ arrangement as well as

developing

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,

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Recital 27

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(27)

In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

| (27) | In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement
  and concessions
  after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(27)

In order to reflect in the legal order of the European Union the international market access commitments undertaken in the field of public procurement
  and concessions
  after the adoption of this Regulation, the Commission should be empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union amendments to the list of international agreements annexed to this Regulation. It is of particular importance that the Commission should carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

and concessions

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Recital 30

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | The Commission should report at least every three years on the application of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30)

The Commission should report at least every three years on the application of this Regulation.

| (30) | The Commission should report at least every three years on the application of this Regulation.
  In its report, the Commission should assess the functioning of this Regulation as well as the progress made in achieving reciprocity in the opening of public procurement markets. Together with the second report on the application of this Regulation, due at the latest six years following this Regulation's entry into force, the Commission should either submit a proposal to improve this Regulation or set out the reasons why, in the Commission's view, no changes to this Regulation are needed. In the event that the Commission neither submits a proposal nor sets out the reasons why no changes are needed to this Regulation, this Regulation should cease to apply. |
| --- | --- |

(30)

The Commission should report at least every three years on the application of this Regulation.
  In its report, the Commission should assess the functioning of this Regulation as well as the progress made in achieving reciprocity in the opening of public procurement markets. Together with the second report on the application of this Regulation, due at the latest six years following this Regulation's entry into force, the Commission should either submit a proposal to improve this Regulation or set out the reasons why, in the Commission's view, no changes to this Regulation are needed. In the event that the Commission neither submits a proposal nor sets out the reasons why no changes are needed to this Regulation, this Regulation should cease to apply.

In its report, the Commission should assess the functioning of this Regulation as well as the progress made in achieving reciprocity in the opening of public procurement markets. Together with the second report on the application of this Regulation, due at the latest six years following this Regulation's entry into force, the Commission should either submit a proposal to improve this Regulation or set out the reasons why, in the Commission's view, no changes to this Regulation are needed. In the event that the Commission neither submits a proposal nor sets out the reasons why no changes are needed to this Regulation, this Regulation should cease to apply.

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Recital 31

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(31)

In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union,

| (31) | In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement
  and concessions
  to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union, |
| --- | --- |

(31)

In accordance with the principle of proportionality, it is necessary and appropriate for achievement of the basic objective of establishing a common external policy in the field of public procurement
  and concessions
  to lay down rules on the treatment of goods and services not covered by the international commitments of the European Union. This Regulation on the access of third-country economic operators, goods and services does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty on European Union,

and concessions

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries. | 1.   This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
  Member States or their contracting authorities/entities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in this Regulation or by relevant Union law. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.

1.   This Regulation lays down rules on the access of third-country goods and services to the award of contracts for the execution of works or a work, the supply of goods and the provision of services by Union contracting authorities/entities, and establishes procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries.
  Member States or their contracting authorities/entities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in this Regulation or by relevant Union law.

Member States or their contracting authorities/entities may restrict the access of third country goods and services to their tendering procedures only by measures provided for in this Regulation or by relevant Union law.

Amendment 93

Amendment 93

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2 — subparagraph 2

Article 1 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale. | This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes
  and to the award of works and services concessions provided for governmental purposes
  and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.

This Regulation shall apply to the award of contracts where the goods or services are procured for governmental purposes
  and to the award of works and services concessions provided for governmental purposes
  and not with a view to commercial resale or with a view to use in the production of goods or in the provision of services for commercial sale.

and to the award of works and services concessions provided for governmental purposes

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point a

Article 2 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | ‘supplier’
  means any natural or legal person which offers on the market
  goods
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

‘supplier’
  means any natural or legal person which offers on the market
  goods
  ;

‘supplier’

goods

| (a) | ‘economic operator’
  means any natural or legal person
  or public entity or group of such persons and/or entities
  which offers
  the execution of works or a work, the supply of products or the provision of services
  on the market; |
| --- | --- |

(a)

‘economic operator’
  means any natural or legal person
  or public entity or group of such persons and/or entities
  which offers
  the execution of works or a work, the supply of products or the provision of services
  on the market;

‘economic operator’

or public entity or group of such persons and/or entities

the execution of works or a work, the supply of products or the provision of services

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point b

Article 2 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | ‘service provider’
  means
  any natural or legal person which offers on the market the execution of works or a work, or services
  ; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

‘service provider’
  means
  any natural or legal person which offers on the market the execution of works or a work, or services
  ;

‘service provider’

any natural or legal person which offers on the market the execution of works or a work, or services

| (b) | ‘tenderer’
  means
  an economic operator that has submitted a tender
  ; |
| --- | --- |

(b)

‘tenderer’
  means
  an economic operator that has submitted a tender
  ;

‘tenderer’

an economic operator that has submitted a tender

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point d

Article 2 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(d)

‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements;

| (d) | ‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement
  and concessions
  including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements; |
| --- | --- |

(d)

‘covered goods or services’ means a good or service originating in a country with which the Union has concluded an international agreement in the field of public procurement
  and concessions
  including market access commitments and in respect of which the relevant agreement applies. Annex I to this Regulation contains a list of relevant agreements;

and concessions

(This amendment applies to the whole of the legislative text (addition of the reference to concessions whenever public procurement is mentioned); adoption of the regulation will entail technical changes throughout the text.)

(This amendment applies to the whole of the legislative text (addition of the reference to concessions whenever public procurement is mentioned); adoption of the regulation will entail technical changes throughout the text.)

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 1 — point g a (new)

Article 2 — paragraph 1 — point g a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ga) | ‘lack of substantial reciprocity’ means the existence of any legislative, regulatory or administrative measure, procedure or practice, adopted or performed by public authorities or individual procuring entities in a third country, restricting access to public procurement or concession markets, in particular by a lack of transparency compared to international standards and discriminatory legislative provisions and administrative practices, which results in serious and recurrent discriminatory treatment against Union economic operators, goods or services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ga)

(ga)

‘lack of substantial reciprocity’ means the existence of any legislative, regulatory or administrative measure, procedure or practice, adopted or performed by public authorities or individual procuring entities in a third country, restricting access to public procurement or concession markets, in particular by a lack of transparency compared to international standards and discriminatory legislative provisions and administrative practices, which results in serious and recurrent discriminatory treatment against Union economic operators, goods or services.

‘lack of substantial reciprocity’ means the existence of any legislative, regulatory or administrative measure, procedure or practice, adopted or performed by public authorities or individual procuring entities in a third country, restricting access to public procurement or concession markets, in particular by a lack of transparency compared to international standards and discriminatory legislative provisions and administrative practices, which results in serious and recurrent discriminatory treatment against Union economic operators, goods or services.

A ‘lack of substantial reciprocity’ shall also be presumed, where the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to difficulties encountered by European undertakings and reported to the Commission, when those European undertakings have tried to secure the award of contracts and concessions in third countries.

A ‘lack of substantial reciprocity’ shall also be presumed, where the non-observance of international labour law provisions listed in Annex XI to the Directive on public procurement [...] 2014 and in Annex XIV to the Directive on procurement by entities operating in the water, energy, transport and postal services sectors [...] (2014) by public authorities have led to difficulties encountered by European undertakings and reported to the Commission, when those European undertakings have tried to secure the award of contracts and concessions in third countries.

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2 — point b

Article 2 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the term ‘economic operator’ shall cover equally the concepts of supplier and service provider; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

the term ‘economic operator’ shall cover equally the concepts of supplier and service provider;

the term ‘economic operator’ shall cover equally the concepts of supplier and service provider;

deleted

deleted

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2 — point c

Article 2 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | an economic operator who has submitted a tender shall be designated a ‘tenderer’; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

(c)

an economic operator who has submitted a tender shall be designated a ‘tenderer’;

an economic operator who has submitted a tender shall be designated a ‘tenderer’;

deleted

deleted

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 2 — paragraph 2 — point e

Article 2 — paragraph 2 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(e)

a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures.

| (e) | a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures
  or concession award procedures
  . |
| --- | --- |

(e)

a ‘mandatory price penalty’ shall refer to an obligation for contracting entities to increase, subject to certain exceptions, the price of services and/or goods originating in certain third countries that have been offered in contract award procedures
  or concession award procedures
  .

or concession award procedures

(This amendment applies to the entire legislative text under consideration (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); if it is adopted, technical adjustments will have to be made throughout the text.)

(This amendment applies to the entire legislative text under consideration (addition of the reference to ‘concession award procedures’ whenever there is mention of ‘contract award procedures’, in the singular or the plural); if it is adopted, technical adjustments will have to be made throughout the text.)

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The origin of a good shall be determined in accordance with
  Article 22 to 26 of
  Regulation (
  EC
  ) No
  2913
  /
  1992
  of the European Parliament and of the Council of
  12 October 1992 establishing the Community Customs Code

   (18). | 1.   The origin of a good shall be determined in accordance with Article
  59 to 63
  of Regulation (
  EU
  ) No
  952
  /
  2013
  of the European Parliament and of the Council,
  including the additional provisions to be adopted under Article 65 thereof. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   The origin of a good shall be determined in accordance with
  Article 22 to 26 of
  Regulation (
  EC
  ) No
  2913
  /
  1992
  of the European Parliament and of the Council of
  12 October 1992 establishing the Community Customs Code

   (18).

Article 22 to 26 of

EC

2913

1992

12 October 1992 establishing the Community Customs Code

18

1.   The origin of a good shall be determined in accordance with Article
  59 to 63
  of Regulation (
  EU
  ) No
  952
  /
  2013
  of the European Parliament and of the Council,
  including the additional provisions to be adopted under Article 65 thereof.

59 to 63

EU

952

2013

including the additional provisions to be adopted under Article 65 thereof.

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 — subparagraph 1 — introductory part

Article 3 — paragraph 2 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The origin of a service shall be determined on the basis of the origin of the natural or legal person providing it. The origin of the
  service provider
  shall be deemed to be: | The origin of a service shall be determined on the basis of the origin of the natural or legal person providing it. The origin of the
  economic operator providing the service
  shall be deemed to be: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The origin of a service shall be determined on the basis of the origin of the natural or legal person providing it. The origin of the
  service provider
  shall be deemed to be:

service provider

The origin of a service shall be determined on the basis of the origin of the natural or legal person providing it. The origin of the
  economic operator providing the service
  shall be deemed to be:

economic operator providing the service

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 4

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Treatment of covered goods and services | Treatment of covered goods and services |
| When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services, contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the
  European
  Union. | When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services,
  or when awarding work and services concessions,
  contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the Union. |
| Goods or services originating in least-developed countries listed in Annex
  I
  to Regulation (
  EC
  ) No
  732
  /
  2008
  shall be treated as covered goods and services. | Goods or services originating in least-developed countries listed in Annex
  IV
  to Regulation (
  EU
  ) No
  978
  /
  2012 of the European Parliament and of the Council or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system and in the world economy as defined in Annex VII to Regulation (EU) No 978/2012
  shall be treated as covered goods and services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Treatment of covered goods and services

Treatment of covered goods and services

When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services, contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the
  European
  Union.

European

When awarding contracts for the execution of works and/or a work, the supply of goods or the provision of services,
  or when awarding work and services concessions,
  contracting authorities/entities shall treat covered goods and services equally to goods and services originating in the Union.

or when awarding work and services concessions,

Goods or services originating in least-developed countries listed in Annex
  I
  to Regulation (
  EC
  ) No
  732
  /
  2008
  shall be treated as covered goods and services.

I

EC

732

2008

Goods or services originating in least-developed countries listed in Annex
  IV
  to Regulation (
  EU
  ) No
  978
  /
  2012 of the European Parliament and of the Council or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system and in the world economy as defined in Annex VII to Regulation (EU) No 978/2012
  shall be treated as covered goods and services.

IV

EU

978

2012 of the European Parliament and of the Council or in developing countries considered to be vulnerable due to a lack of diversification and insufficient integration within the international trading system and in the world economy as defined in Annex VII to Regulation (EU) No 978/2012

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 1

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Upon request of contracting authorities/entities
  the Commission shall assess
  whether to approve, 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 50 % of the total value of the goods or services constituting the tender, under the following conditions. | 1.   
  Where the Commission initiates an external procurement investigation as provided for in Article 8, the Commission shall,
  upon request of contracting authorities/entities
  and after publication of the notice of the initiation in the Official Journal of the Union, assess
  whether to approve, 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 50 % of the total value of the goods or services constituting the tender, under the following conditions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Upon request of contracting authorities/entities
  the Commission shall assess
  whether to approve, 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 50 % of the total value of the goods or services constituting the tender, under the following conditions.

the Commission shall assess

1.   
  Where the Commission initiates an external procurement investigation as provided for in Article 8, the Commission shall,
  upon request of contracting authorities/entities
  and after publication of the notice of the initiation in the Official Journal of the Union, assess
  whether to approve, 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 50 % of the total value of the goods or services constituting the tender, under the following conditions.

Where the Commission initiates an external procurement investigation as provided for in Article 8, the Commission shall,

and after publication of the notice of the initiation in the Official Journal of the Union, assess

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 1

Article 6 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where contracting authorities/entities intend to request the exclusion 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. | Where contracting authorities/entities intend to request the exclusion from procedures for the award of contracts on the basis of paragraph 1 they shall indicate this
  clearly in the introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in Article 2(15) of Directives [2014/.../EU] on public procurement and of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where contracting authorities/entities intend to request the exclusion 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.

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

Where contracting authorities/entities intend to request the exclusion from procedures for the award of contracts on the basis of paragraph 1 they shall indicate this
  clearly in the introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in Article 2(15) of Directives [2014/.../EU] on public procurement and of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts.

clearly in the introductory part of the ‘technical specifications’ or of the ‘descriptive document’ as referred to in Article 2(15) of Directives [2014/.../EU] on public procurement and of Directive [2014/.../EU] on procurement by entities operating in the water, energy, transport and postal services sectors, or in the introductory part of the ‘technical and functional requirements’ as referred to in Article 2(13) of Directive [2014/.../EU] on the award of concession contracts.

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 3

Article 6 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason, they shall notify the Commission. During the notification procedure the contracting authority/entity may continue its analysis of the tenders. | Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason, they shall notify the Commission
  within eight calendar days
  . During the notification procedure the contracting authority/entity may continue its analysis of the tenders. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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

Where contracting authorities/entities receive tenders that meet the conditions of paragraph 1 for which they intend to request the exclusion for that reason, they shall notify the Commission
  within eight calendar days
  . During the notification procedure the contracting authority/entity may continue its analysis of the tenders.

within eight calendar days

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 4 — point b

Article 6 — paragraph 2 — subparagraph 4 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a description of the object of the contract; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

a description of the object of the contract;

| (b) | a description of the object of the contract
  or concession
  ; |
| --- | --- |

(b)

a description of the object of the contract
  or concession
  ;

or concession

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 4 — point d a (new)

Article 6 — paragraph 2 — subparagraph 4 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | where appropriate, any other information deemed useful by the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(da)

(da)

where appropriate, any other information deemed useful by the Commission.

where appropriate, any other information deemed useful by the Commission.

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 5

Article 6 — paragraph 2 — subparagraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission may ask the contracting authority/entity for additional information. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may ask the contracting authority/entity for additional information.

The Commission may ask the contracting authority/entity for additional information.

deleted

deleted

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 2 — subparagraph 6

Article 6 — paragraph 2 — subparagraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | That information shall be provided within eight
  calendar
  days, commencing on the first
  calendar
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

working

working

That information shall be provided within eight
  calendar
  days, commencing on the first
  calendar
  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.

calendar

calendar

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 3

Article 6 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 3.   
  Where the Commission finds, for the goods and/or services for which the exclusion is proposed, a lack of substantial reciprocity as defined in point (ga) of Article 2(1), it shall adopt an implementing act approving the exclusion of the tenders concerned by the investigation in accordance with the examination procedure referred to in Article 17(2).
  The implementing act shall be adopted within a period of
  one month
  commencing on the first
  calendar
  day
  after a request referred to in paragraph 1.
  This period may be extended once by a maximum of
  one month
  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
  one-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. |
| | That exclusion shall be a temporary measure pending the finalisation of the external procurement investigation as provided for in Article 8, the conclusions of the consultation procedure provided for under Article 9 and, where applicable, the adoption of any measures limiting access of non-covered goods and services to the Union public procurement market under Article 10. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

two months

working

two months

two-month

3.   
  Where the Commission finds, for the goods and/or services for which the exclusion is proposed, a lack of substantial reciprocity as defined in point (ga) of Article 2(1), it shall adopt an implementing act approving the exclusion of the tenders concerned by the investigation in accordance with the examination procedure referred to in Article 17(2).
  The implementing act shall be adopted within a period of
  one month
  commencing on the first
  calendar
  day
  after a request referred to in paragraph 1.
  This period may be extended once by a maximum of
  one month
  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
  one-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.

Where the Commission finds, for the goods and/or services for which the exclusion is proposed, a lack of substantial reciprocity as defined in point (ga) of Article 2(1), it shall adopt an implementing act approving the exclusion of the tenders concerned by the investigation in accordance with the examination procedure referred to in Article 17(2).

one month

calendar

after a request referred to in paragraph 1.

one month

one-month

That exclusion shall be a temporary measure pending the finalisation of the external procurement investigation as provided for in Article 8, the conclusions of the consultation procedure provided for under Article 9 and, where applicable, the adoption of any measures limiting access of non-covered goods and services to the Union public procurement market under Article 10.

That exclusion shall be a temporary measure pending the finalisation of the external procurement investigation as provided for in Article 8, the conclusions of the consultation procedure provided for under Article 9 and, where applicable, the adoption of any measures limiting access of non-covered goods and services to the Union public procurement market under Article 10.

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4 — subparagraph 1 — point b

Article 6 — paragraph 4 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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.

| (b) | where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement
  or concession award
  measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned
  , notably where those restrictive measures are detrimental to the Union's industrial policy. |
| --- | --- |

(b)

where an agreement referred to in point (a) does not exist and the third country maintains restrictive procurement
  or concession award
  measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned
  , notably where those restrictive measures are detrimental to the Union's industrial policy.

or concession award

, notably where those restrictive measures are detrimental to the Union's industrial policy.

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4 — subparagraph 2

Article 6 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.

deleted

deleted

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 5

Article 6 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following: | deleted |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

5.
     
  When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following:

5.

When assessing whether a lack of substantial reciprocity exists, the Commission shall examine the following:

deleted

deleted

(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;

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. |
| --- | --- |

(b)

(b)

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

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

Amendment 92

Amendment 92

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 7

Article 6 — paragraph 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 7.   Contracting authorities/entities
  which have excluded tenders pursuant to paragraph 1
  shall indicate this in the contract award notice they publish pursuant to Article 35 of Directive 2004/18/EC, Article 42 of Directive 2004/17/EC, or Article 27 of the Directive on the award of concession contracts. The Commission shall adopt implementing acts establishing the standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3). | 7.   
  Where tenders have been excluded pursuant to paragraph 3,
  contracting authorities/entities shall indicate this
  , including the reasons for exclusion,
  in the contract award notice they publish pursuant to Article 35 of Directive 2004/18/EC, Article 42 of Directive 2004/17/EC, or Article 27 of the Directive on the award of concession contracts. The Commission shall adopt implementing acts establishing the standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

7.   Contracting authorities/entities
  which have excluded tenders pursuant to paragraph 1
  shall indicate this in the contract award notice they publish pursuant to Article 35 of Directive 2004/18/EC, Article 42 of Directive 2004/17/EC, or Article 27 of the Directive on the award of concession contracts. The Commission shall adopt implementing acts establishing the standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).

which have excluded tenders pursuant to paragraph 1

7.   
  Where tenders have been excluded pursuant to paragraph 3,
  contracting authorities/entities shall indicate this
  , including the reasons for exclusion,
  in the contract award notice they publish pursuant to Article 35 of Directive 2004/18/EC, Article 42 of Directive 2004/17/EC, or Article 27 of the Directive on the award of concession contracts. The Commission shall adopt implementing acts establishing the standard forms for contract award notices. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 17 (3).

Where tenders have been excluded pursuant to paragraph 3,

, including the reasons for exclusion,

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 8

Article 6 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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). | 8.   Paragraph 1
  may
  not apply where the Commission has adopted the implementing act on temporary access of the goods and services from a country engaged in negotiations with the Union as set out in Article 9(4).
  The Commission shall duly justify its corresponding decision to the contracting entity that submitted the application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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).

shall

substantive

8.   Paragraph 1
  may
  not apply where the Commission has adopted the implementing act on temporary access of the goods and services from a country engaged in negotiations with the Union as set out in Article 9(4).
  The Commission shall duly justify its corresponding decision to the contracting entity that submitted the application.

may

The Commission shall duly justify its corresponding decision to the contracting entity that submitted the application.

Amendment 56

Amendment 56

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 1

Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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.
  Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XI to the Directive on public procurement [...] 2013. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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.
  Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XI to the Directive on public procurement [...] 2013.

Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions listed in Annex XI to the Directive on public procurement [...] 2013.

Amendment 57

Amendment 57

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | After being informed by the contracting authority/entity of their intention to accept an abnormally low tender, the other tenderers shall have the possibility to provide relevant information to the contracting authority/entity within a reasonable period of time in order to allow the contracting authority/entity to take a decision on the acceptance in full knowledge of potential factors which might have an influence on the assessment of the abnormally low character of the price or costs charged. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

A

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.

After being informed by the contracting authority/entity of their intention to accept an abnormally low tender, the other tenderers shall have the possibility to provide relevant information to the contracting authority/entity within a reasonable period of time in order to allow the contracting authority/entity to take a decision on the acceptance in full knowledge of potential factors which might have an influence on the assessment of the abnormally low character of the price or costs charged.

After being informed by the contracting authority/entity of their intention to accept an abnormally low tender, the other tenderers shall have the possibility to provide relevant information to the contracting authority/entity within a reasonable period of time in order to allow the contracting authority/entity to take a decision on the acceptance in full knowledge of potential factors which might have an influence on the assessment of the abnormally low character of the price or costs charged.

Amendment 58

Amendment 58

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 1

Article 8 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | The Commission may at any time, on its own initiative or upon application of interested parties
  , contracting authority/entity
  or a Member State, may initiate an external procurement investigation into alleged restrictive procurement measures.
  In its decision to initiate an external procurement investigation, the Commission shall take into account the number of requests made by contracting authorities/entities or Member States. In the event that the Commission declines to initiate an investigation, it shall duly justify its decision to the Member State, interested party or the contracting entity that submitted the application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

Where

considers it to be in the interest of the Union, it

The Commission may at any time, on its own initiative or upon application of interested parties
  , contracting authority/entity
  or a Member State, may initiate an external procurement investigation into alleged restrictive procurement measures.
  In its decision to initiate an external procurement investigation, the Commission shall take into account the number of requests made by contracting authorities/entities or Member States. In the event that the Commission declines to initiate an investigation, it shall duly justify its decision to the Member State, interested party or the contracting entity that submitted the application.

, contracting authority/entity

In its decision to initiate an external procurement investigation, the Commission shall take into account the number of requests made by contracting authorities/entities or Member States. In the event that the Commission declines to initiate an investigation, it shall duly justify its decision to the Member State, interested party or the contracting entity that submitted the application.

Amendment 59

Amendment 59

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 — subparagraph 2

Article 8 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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 |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

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

deleted

Amendment 60

Amendment 60

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2

Article 8 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6. | 2.
     
  The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in point (ga) of Article 2(1). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6.

2.

The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in Article 6.

2.
     
  The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in point (ga) of Article 2(1).

2.

The investigation referred to in paragraph 1 is conducted on the basis of the criteria laid down in point (ga) of Article 2(1).

Amendment 61

Amendment 61

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3

Article 8 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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
  . | 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,
  or its regular reports on existing trade barriers in third countries
  , and shall be concluded within a period of
  three
  months after the initiation of the investigation. In duly justified cases this period may be extended by
  one month
  . |
| | The assessment by the Commission shall take into account the requests made by contracting authorities/entities for investigations under article 6 paragraph 1 after initiating the procedure laid down in this article. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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
  .

nine

three months

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,
  or its regular reports on existing trade barriers in third countries
  , and shall be concluded within a period of
  three
  months after the initiation of the investigation. In duly justified cases this period may be extended by
  one month
  .

or its regular reports on existing trade barriers in third countries

three

one month

The assessment by the Commission shall take into account the requests made by contracting authorities/entities for investigations under article 6 paragraph 1 after initiating the procedure laid down in this article.

The assessment by the Commission shall take into account the requests made by contracting authorities/entities for investigations under article 6 paragraph 1 after initiating the procedure laid down in this article.

Amendment 62

Amendment 62

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 1

Article 9 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures, but without undertaking new market access commitments, the Commission may suspend or terminate the consultation. | When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures, but without undertaking new market access commitments, the Commission may suspend or terminate the consultation
  or invite the country concerned to enter into negotiations under Article 9(4)
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures, but without undertaking new market access commitments, the Commission may suspend or terminate the consultation.

When, after the initiation of a consultation, the country concerned takes satisfactory remedial/corrective measures, but without undertaking new market access commitments, the Commission may suspend or terminate the consultation
  or invite the country concerned to enter into negotiations under Article 9(4)
  .

or invite the country concerned to enter into negotiations under Article 9(4)

Amendment 63

Amendment 63

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 3 — introductory part

Article 9 — paragraph 3 — subparagraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where the remedial/corrective measures taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission
  may: | Where the remedial/corrective measures taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission
  acts under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where the remedial/corrective measures taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission
  may:

may:

Where the remedial/corrective measures taken by the third country concerned are rescinded, suspended or improperly implemented, the Commission
  acts under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country.

acts under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country.

Amendment 64

Amendment 64

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 3 — point i

Article 9 — paragraph 3 — subparagraph 3 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | resume or restart the consultation with the third country concerned, and/or |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(i)

(i)

resume or restart the consultation with the third country concerned, and/or

resume or restart the consultation with the third country concerned, and/or

deleted

deleted

Amendment 65

Amendment 65

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 3 — point ii

Article 9 — paragraph 3 — subparagraph 3 — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | act under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(ii)

(ii)

act under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country

act under Article 10 to adopt implementing acts to limit the access of goods and services originating in a third country

deleted

deleted

Amendment 66

Amendment 66

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 4

Article 9 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in
  substantive
  negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6. | 4.   Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6.
  The Commission shall duly justify its corresponding decision to the Member State, interested party or the contracting entity that submitted the application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in
  substantive
  negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6.

substantive

4.   Where, after the initiation of a consultation, it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union. If a country has engaged in negotiations with the European Union concerning market access in the field of public procurement, the Commission may adopt an implementing act providing that goods and services from that country cannot be excluded from procedures for the award of contracts pursuant to Article 6.
  The Commission shall duly justify its corresponding decision to the Member State, interested party or the contracting entity that submitted the application.

The Commission shall duly justify its corresponding decision to the Member State, interested party or the contracting entity that submitted the application.

Amendment 67

Amendment 67

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 1 — introductory part

Article 9 — paragraph 5 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission may terminate the consultation if the country concerned
  undertakes international commitments agreed
  with the Union
  in any of
  the following
  frameworks
  : | The Commission may terminate the consultation if the country concerned
  has undertaken
  with the Union
  or at international level
  the following
  measures
  : |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The Commission may terminate the consultation if the country concerned
  undertakes international commitments agreed
  with the Union
  in any of
  the following
  frameworks
  :

undertakes international commitments agreed

in any of

frameworks

The Commission may terminate the consultation if the country concerned
  has undertaken
  with the Union
  or at international level
  the following
  measures
  :

has undertaken

or at international level

measures

Amendment 68

Amendment 68

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 1 — point a (new)

Article 9 — paragraph 5 — subparagraph 1 — point a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (a) | international commitments have been agreed with the European Union in any of the following frameworks: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

international commitments have been agreed with the European Union in any of the following frameworks:

international commitments have been agreed with the European Union in any of the following frameworks:

Amendment 69

Amendment 69

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 1 — point a iii

Article 9 — paragraph 5 — subparagraph 1 — point a iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | Expansion of its market access commitments undertaken under the WTO Government Procurement Agreement (GPA) or under a bilateral agreement concluded with the Union in that framework, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(iii)

Expansion of its market access commitments undertaken under the WTO Government Procurement Agreement (GPA) or under a bilateral agreement concluded with the Union in that framework,

| (iii) | Expansion of its market access commitments undertaken under the WTO Government Procurement Agreement (GPA) or under a bilateral agreement concluded with the Union in that framework, and |
| --- | --- |

(iii)

(iii)

Expansion of its market access commitments undertaken under the WTO Government Procurement Agreement (GPA) or under a bilateral agreement concluded with the Union in that framework, and

Expansion of its market access commitments undertaken under the WTO Government Procurement Agreement (GPA) or under a bilateral agreement concluded with the Union in that framework, and

Amendment 70

Amendment 70

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 5 — subparagraph 1 — point b (new)

Article 9 — paragraph 5 — subparagraph 1 — point b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (b) | corrective measures have been adopted by the country concerned. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

(b)

corrective measures have been adopted by the country concerned.

corrective measures have been adopted by the country concerned.

Amendment 71

Amendment 71

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 6

Article 9 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   In the event that a consultation with a third country does not lead to satisfactory results within
  15
  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. | 6.   In the event that a consultation with a third country does not lead to satisfactory results within
  12
  months from the
  calendar
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

6.   In the event that a consultation with a third country does not lead to satisfactory results within
  15
  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.

15

6.   In the event that a consultation with a third country does not lead to satisfactory results within
  12
  months from the
  calendar
  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.

12

calendar

Amendment 72

Amendment 72

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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). | 1.   Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that
  there is
  an lack of substantial reciprocity in market opening between the Union and the third country as referred to in
  point (ga) of
  Article
  2(1)
  , 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, which can be extended for another five years
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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).

1.   Where it is found in an investigation pursuant to Article 8, and after following the procedure foreseen in Article 9, that
  there is
  an lack of substantial reciprocity in market opening between the Union and the third country as referred to in
  point (ga) of
  Article
  2(1)
  , 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, which can be extended for another five years
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17(2).

there is

point (ga) of

2(1)

for up to five years, which can be extended for another five years

Amendment 73

Amendment 73

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 3 — introductory part

Article 10 — paragraph 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| Measures adopted pursuant to paragraph 1 may in particular be limited to: | The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.
  Measures adopted pursuant to paragraph 1 may in particular be limited to: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Measures adopted pursuant to paragraph 1 may in particular be limited to:

The Commission shall not approve an intended exclusion where it would violate market access commitments entered into by the Union in its international agreements.
  Measures adopted pursuant to paragraph 1 may in particular be limited to:

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

Amendment 74

Amendment 74

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 2 a (new)

Article 11 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | If the measures adopted pursuant to Article 9(4) and Article 10 have not in the meantime been suspended or repealed, they shall expire five years after their entry into force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

If the measures adopted pursuant to Article 9(4) and Article 10 have not in the meantime been suspended or repealed, they shall expire five years after their entry into force.

If the measures adopted pursuant to Article 9(4) and Article 10 have not in the meantime been suspended or repealed, they shall expire five years after their entry into force.

Amendment 75

Amendment 75

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1 — introductory part

Article 13 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Contracting authorities/entities may
  decide
  not to apply the measures pursuant to Article 10 with respect to a procurement procedure if: | 1.   Contracting authorities/entities may
  request the Commission
  not to apply the measures pursuant to Article 10 with respect to a procurement procedure if: |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Contracting authorities/entities may
  decide
  not to apply the measures pursuant to Article 10 with respect to a procurement procedure if:

decide

1.   Contracting authorities/entities may
  request the Commission
  not to apply the measures pursuant to Article 10 with respect to a procurement procedure if:

request the Commission

Amendment 76

Amendment 76

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 1 — subparagraph 2 (new)

Article 13 — paragraph 1 — subparagraph 2 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | If, after 15 calendar days, the Commission has not adopted a decision approving or disapproving such a request, the request shall be deemed to have been disapproved by the Commission. In exceptional circumstances, that deadline may be extended by a further maximum period of five calendar days. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

If, after 15 calendar days, the Commission has not adopted a decision approving or disapproving such a request, the request shall be deemed to have been disapproved by the Commission. In exceptional circumstances, that deadline may be extended by a further maximum period of five calendar days.

If, after 15 calendar days, the Commission has not adopted a decision approving or disapproving such a request, the request shall be deemed to have been disapproved by the Commission. In exceptional circumstances, that deadline may be extended by a further maximum period of five calendar days.

Amendment 77

Amendment 77

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 — subparagraph 1

Article 13 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where a contracting authority/entity intends not to apply measures adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate its intention in the contract notice that it shall publish pursuant to Article 35 of Directive 2004/18/EC or Article 42 of Directive 2004/17/EC.
  It shall notify the Commission no later than ten calendar days after the publication of the contract notice. | Where a contracting authority/entity intends not to apply measures adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate its intention in the contract notice that it shall publish pursuant to Article 35 of Directive 2004/18/EC or Article 42 of Directive 2004/17/EC. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Where a contracting authority/entity intends not to apply measures adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate its intention in the contract notice that it shall publish pursuant to Article 35 of Directive 2004/18/EC or Article 42 of Directive 2004/17/EC.
  It shall notify the Commission no later than ten calendar days after the publication of the contract notice.

It shall notify the Commission no later than ten calendar days after the publication of the contract notice.

Where a contracting authority/entity intends not to apply measures adopted pursuant to Article 10 of this Regulation, or reinstated pursuant to Article 11, it shall indicate its intention in the contract notice that it shall publish pursuant to Article 35 of Directive 2004/18/EC or Article 42 of Directive 2004/17/EC.

Amendment 78

Amendment 78

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 — subparagraph 2

Article 13 — paragraph 2 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This notification shall be sent by electronic using a standard form.
  The Commission shall adopt implementing acts establishing the standard forms for contract notices
  and notification
  in accordance with the advisory procedure referred to in Article 17 (3). | The Commission shall adopt implementing acts establishing the standard forms for contract notices in accordance with the advisory procedure referred to in Article 17 (3). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

This notification shall be sent by electronic using a standard form.
  The Commission shall adopt implementing acts establishing the standard forms for contract notices
  and notification
  in accordance with the advisory procedure referred to in Article 17 (3).

This notification shall be sent by electronic using a standard form.

and notification

The Commission shall adopt implementing acts establishing the standard forms for contract notices in accordance with the advisory procedure referred to in Article 17 (3).

Amendment 79

Amendment 79

Proposal for a regulation

Proposal for a regulation

Article 13 — paragraph 2 — subparagraph 3

Article 13 — paragraph 2 — subparagraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The notification shall contain the following information: | deleted |
| (a) | the name and contact details of the contracting authority/entity; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

The notification shall contain the following information:

The notification shall contain the following information:

deleted

deleted

(a)

(a)

the name and contact details of the contracting authority/entity;

the name and contact details of the contracting authority/entity;

| (b) | a description of the object of the contract; |
| --- | --- |

(b)

(b)

a description of the object of the contract;

a description of the object of the contract;

| (c) | information on the origin of the economic operators, the goods and/or services to be admitted; |
| --- | --- |

(c)

(c)

information on the origin of the economic operators, the goods and/or services to be admitted;

information on the origin of the economic operators, the goods and/or services to be admitted;

| (d) | the ground on which the decision not to apply the restrictive measures is based, and a detailed justification for the use of the exception; |
| --- | --- |

(d)

(d)

the ground on which the decision not to apply the restrictive measures is based, and a detailed justification for the use of the exception;

the ground on which the decision not to apply the restrictive measures is based, and a detailed justification for the use of the exception;

| (e) | where appropriate, any other information deemed useful by the contracting authority/entity. |
| --- | --- |

(e)

(e)

where appropriate, any other information deemed useful by the contracting authority/entity.

where appropriate, any other information deemed useful by the contracting authority/entity.

Amendment 80

Amendment 80

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 3

Article 15 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Article 14may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. | 3.   The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect on the
  calendar
  day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   The delegation of power referred to in Article 14may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

14may

3.   The delegation of power referred to in Article 14 may be revoked at any time by the European Parliament or by the Council. A revocation decision shall put an end to the delegation of the power specified in that decision. It shall take effect on the
  calendar
  day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

14 may

calendar

Amendment 81

Amendment 81

Proposal for a regulation

Proposal for a regulation

Article 16 a (new)

Article 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 16a |
| | Procurement conditions in connection with Union-funded programmes in third countries |
| | In connection with public procurements funded by the European Union and its Member States, the Commission shall ensure that a binding regulatory framework intended to govern the award and performance of public contracts is introduced. In that connection, the Union shall adopt uniform rules to ensure fair conditions of competition between Union and third country economic operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 16a

Article 16a

Procurement conditions in connection with Union-funded programmes in third countries

Procurement conditions in connection with Union-funded programmes in third countries

In connection with public procurements funded by the European Union and its Member States, the Commission shall ensure that a binding regulatory framework intended to govern the award and performance of public contracts is introduced. In that connection, the Union shall adopt uniform rules to ensure fair conditions of competition between Union and third country economic operators.

In connection with public procurements funded by the European Union and its Member States, the Commission shall ensure that a binding regulatory framework intended to govern the award and performance of public contracts is introduced. In that connection, the Union shall adopt uniform rules to ensure fair conditions of competition between Union and third country economic operators.

Amendment 82

Amendment 82

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 2

Article 18 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  Neither the Commission nor the Council, nor the European Parliament nor Member States, nor their officials shall reveal any information of a confidential nature received pursuant to this Regulation, without specific permission from the supplier of such information. | deleted |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.
     
  Neither the Commission nor the Council, nor the European Parliament nor Member States, nor their officials shall reveal any information of a confidential nature received pursuant to this Regulation, without specific permission from the supplier of such information.

2.

Neither the Commission nor the Council, nor the European Parliament nor Member States, nor their officials shall reveal any information of a confidential nature received pursuant to this Regulation, without specific permission from the supplier of such information.

deleted

deleted

Amendment 83

Amendment 83

Proposal for a regulation

Proposal for a regulation

Article 18 — paragraph 4 a (new)

Article 18 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Under no circumstances shall information received pursuant to this Regulation and declared by the provider of the information to be of a confidential nature be revealed, unless the provider gives his specific permission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Under no circumstances shall information received pursuant to this Regulation and declared by the provider of the information to be of a confidential nature be revealed, unless the provider gives his specific permission.

4a.

Under no circumstances shall information received pursuant to this Regulation and declared by the provider of the information to be of a confidential nature be revealed, unless the provider gives his specific permission.

Amendment 84

Amendment 84

Proposal for a regulation

Proposal for a regulation

Article 19

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| By 1 January 2017 and
  at least every three years after the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for EU economic operators to public contract award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information. | At least every three years after the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for EU economic operators to public contract award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information.
  When the Commission submits its second report, it shall also submit to the European Parliament and to the Council a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary. Should the Commission not comply with these obligations, the Regulation shall cease to apply at the end of the second year following the submission of the second report. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

By 1 January 2017 and
  at least every three years after the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for EU economic operators to public contract award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information.

By 1 January 2017 and

At least every three years after the entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council on the application of this Regulation and on progress made in international negotiations regarding access for EU economic operators to public contract award procedures in third countries undertaken under this Regulation. To this effect, Member States shall upon request provide the Commission with appropriate information.
  When the Commission submits its second report, it shall also submit to the European Parliament and to the Council a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary. Should the Commission not comply with these obligations, the Regulation shall cease to apply at the end of the second year following the submission of the second report.

When the Commission submits its second report, it shall also submit to the European Parliament and to the Council a legislative proposal for an amended Regulation or set out the reasons why, in its view, no changes are necessary. Should the Commission not comply with these obligations, the Regulation shall cease to apply at the end of the second year following the submission of the second report.

Amendment 85

Amendment 85

Proposal for a regulation

Proposal for a regulation

Article 20

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| Articles 58 and 59 of Directive 2004/17/EC shall be
  repealed
  with effect from the entry into force of this Regulation. | The Commission shall assess whether
  Articles 58 and 59 of Directive 2004/17/EC
  are to
  be
  maintained. In view of the conclusions of that assessment, the Commission shall submit a legislative proposal repealing those Articles
  with effect from the entry into force of this Regulation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Articles 58 and 59 of Directive 2004/17/EC shall be
  repealed
  with effect from the entry into force of this Regulation.

repealed

The Commission shall assess whether
  Articles 58 and 59 of Directive 2004/17/EC
  are to
  be
  maintained. In view of the conclusions of that assessment, the Commission shall submit a legislative proposal repealing those Articles
  with effect from the entry into force of this Regulation.

The Commission shall assess whether

are to

maintained. In view of the conclusions of that assessment, the Commission shall submit a legislative proposal repealing those Articles

---

(1)  This matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0454/2013).

1

(10)  OJ L 134, 30.4.2004, p. 1.

10

(11)  OJ L 134, 30.4.2004, p. 114.

11

(10)  OJ L 134, 30.4.2004, p. 1.

10

(11)  OJ L 134, 30.4.2004, p. 114.

11

(12)  
  Directive 2014/.../EU of the European Parliament and of the Council of ... on public procurement (OJ L ...).

12

Directive 2014/.../EU of the European Parliament and of the Council of ... on public procurement (OJ L ...).

(13)  
  Directive 2014/.../EU of the European Parliament and of the Council of ... on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L ...).

13

Directive 2014/.../EU of the European Parliament and of the Council of ... on procurement by entities operating in the water, energy, transport and postal services sectors (OJ L ...).

(14)  
  Directive 2014/.../EU of the European Parliament and of the Council of ... on the award of concession contracts (OJ L ...).

14

Directive 2014/.../EU of the European Parliament and of the Council of ... on the award of concession contracts (OJ L ...).

(12)  

  OJ L 302, 19.10.1992, p. 1

12

OJ L 302, 19.10.1992, p. 1

(13)  OJ L ....

13

(13)  OJ L ....

13

(13a)  
  Regulation (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).

13a

Regulation (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).

(13a)  
  Directive 2014/XXX/EU of the European Parliament and of the Council on public procurement (OJ XXX) (2011/0438(COD)).

13a

Directive 2014/XXX/EU of the European Parliament and of the Council on public procurement (OJ XXX) (2011/0438(COD)).

(13b)  
  Directive 2014/XXX/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors (OJ XXX) (2011/0439(COD)).

13b

Directive 2014/XXX/EU of the European Parliament and of the Council on procurement by entities operating in the water, energy, transport and postal services sectors (OJ XXX) (2011/0439(COD)).

(14.)  OJ L 349, 31.12.1994

14.

(14.)  OJ L 349, 31.12.1994

14.

(18)  

  OJ L 302, 19.10.1992, p. 1

18

OJ L 302, 19.10.1992, p. 1

---