P9_TA(2022)0241 International procurement instrument ***I European Parliament legislative resolution of 9 June 2022 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(2016)0034 — C9-0018/2016 — 2012/0060(COD)) P9_TC1-COD(2012)0060 Position of the European Parliament adopted at first reading on 9 June 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument — IPI)
Date: 2022-06-09
Institutions: Committee on Development, Committee on Employment and Social Affairs, Committee on Industry, Research and Energy, Committee on International Trade, Committee on Legal Affairs, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: award of contract, goods and services, market access, public procurement, restriction on competition, service concession, services contract, supplies contract, tendering, third country








C_2022493EN.01033201.xml










27.12.2022   


EN


Official Journal of the European Union


C 493/332






P9_TA(2022)0241
International procurement instrument ***I
European Parliament legislative resolution of 9 June 2022 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(2016)0034 — C9-0018/2016 — 2012/0060(COD))
(Ordinary legislative procedure: first reading)
(2022/C 493/26)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2012)0124) and the amended proposal (COM(2016)0034),










—


having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0018/2016),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 27 April 2016 (1),










—


after consulting the Committee of the Regions,










—


having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 30 March 2022 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rules 59 and 60 of its Rules of Procedure,










—


having regard to the report of the Committee on International Trade (A7-0454/2013),










—


having regard to the Decision of the Conference of Presidents of 16 October 2019 on unfinished business from the eighth parliamentary term,










—


having regard to the opinion of the Committee on the Internal Market and Consumer Protection,










—


having regard to the letter from the Committee on Legal Affairs,










—


having regard to the second report of the Committee on International Trade (A9-0337/2021),












1.


Adopts its position at first reading hereinafter set out (2);












2.


Approves the joint statement by Parliament and the Council annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;












3.


Takes note of the statements by the Commission annexed to this resolution; one on the review of the International Procurement Instrument Regulation, which will be published in the L series of the Official Journal of the European Union together with the final legislative act, and one on the exclusive competence, which will be published in the C series of the Official Journal of the European Union;












4.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 264, 20.7.2016, p. 110.

(2)  This position replaces the amendments adopted on 14.12.2021 (Texts adopted P9_TA(2021)0497).




P9_TC1-COD(2012)0060
Position of the European Parliament adopted at first reading on 9 June 2022 with a view to the adoption of Regulation (EU) 2022/… of the European Parliament and of the Council on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument — IPI)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2022/1031.)







ANNEX TO THE LEGISLATIVE RESOLUTION


JOINT STATEMENT OF THE EUROPEAN PARLIAMENT AND THE COUNCIL IN RESPECT OF REGULATION (EU) 2022/1031 (1)

The European Parliament and Council recognise that the rules on comitology agreed in this instrument do not prejudge the outcome of other ongoing or future legislative negotiations and are not to be seen as precedent for other legislative files.

STATEMENT BY THE COMMISSION ON THE REVIEW OF THE INTERNATIONAL PROCUREMENT INSTRUMENT REGULATION (REGULATION (EU) 2022/1031)

When conducting a review of the scope, functioning and efficiency of Regulation (EU) 2022/1031, in line with its Article 14, the Commission will also assess the need to exempt from its application any of the developing countries that are beneficiaries of the general arrangement referred to in point (a) of Article 1(2) of Regulation (EU) No 978/2012, and in particular the beneficiaries of the special incentive arrangement for sustainable development and good governance as defined in Article 9 of Regulation (EU) No 978/2012. In the review, the Commission will pay particular attention to sectors that are considered strategic in respect of EU public procurement.

STATEMENT BY THE COMMISSION ON THE EXCLUSIVE COMPETENCE IN RESPECT OF REGULATION (EU) 2022/1031

As confirmed in the Opinion 2/15 of the Court of Justice, the participation of third-country economic operators, goods and services in the Union’s procurement procedures falls within the scope of the common commercial policy for which, as explicitly stated in Article 3(1)(e) TFEU, the Union has exclusive competence. Therefore, Member States and their contracting authorities and contracting entities shall not adopt or maintain any legislative or other generally applicable measures governing access by third-country economic operators, goods and services beyond those applied in accordance with this Regulation and other Union legislation.


(1)  Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 June 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument — IPI) (OJ L 173, 30.6.2022, p. 1).