Sittings · Document

DRAFT OPINION (2024/2103(INI)) 2025-03-25

On public procurement

Committee on International Trade · Rapporteur: Daniel Caspary

PA_NonLeg

AMENDMENTS

The Committee on International Trade submits the following to the Committee on the Internal Market and Consumer Protection, as the committee responsible:

Amendment 1

Motion for a resolution

Citation 14 a (new)

Motion for a resolution

Amendment

– having regard to 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)1a,

__________________

1a OJ L 173, 30.6.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/1031/oj.

Or. en

Amendment 2

Motion for a resolution

Citation 14 b (new)

Motion for a resolution

Amendment

– having regard to the 2012 Agreement on Government Procurement of the World Trade Organization (WTO),

Or. en

Amendment 3

Motion for a resolution

Recital A

Motion for a resolution

Amendment

A. whereas public procurement represents approximately 14 % of the EU’s gross domestic product and serves as an important instrument for economic growth, innovation and social cohesion;

A. whereas public procurement represents approximately 14 % of the EU’s gross domestic product and serves as an important instrument for economic growth, innovation, social cohesion and international trade;

Or. en

Amendment 4

Motion for a resolution

Recital F a (new)

Motion for a resolution

Amendment

Fa. whereas the EU recently added the International Procurement Instrument to its trade defence toolbox to promote reciprocity in access to international public procurement markets and to ensure a level playing field for European companies and products;

Or. en

Amendment 5

Motion for a resolution

Recital F b (new)

Motion for a resolution

Amendment

Fb. whereas European companies are still facing substantial challenges in accessing public procurement markets in third countries, including discriminatory measures and a lack of reciprocity and of legal certainty;

Or. en

Amendment 6

Motion for a resolution

Recital F c (new)

Motion for a resolution

Amendment

Fc. whereas the WTO Agreement on Government Procurement has not yet been signed by all WTO members;

Or. en

Amendment 7

Motion for a resolution

Recital F d (new)

Motion for a resolution

Amendment

Fd. whereas bilateral trade agreements play a key role in opening international procurement markets to EU companies and in opening the EU internal market to foreign companies;

Or. en

Amendment 8

Motion for a resolution

Paragraph 2

Motion for a resolution

Amendment

2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy, simplification and boosting European competitiveness; advises against measures that could compromise any of these principles;

2. Calls, therefore, on the Commission to fully align the public procurement reform with its strategic objectives aimed at reducing bureaucracy, simplification and boosting European competitiveness and international trade; advises against measures that could compromise any of these principles;

Or. en

Amendment 9

Motion for a resolution

Paragraph 6

Motion for a resolution

Amendment

6. Opposes the preferential treatment given to green technologies in public procurement; stresses that if a technology cannot sustain itself in the market without subsidies, it is a clear indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;

6. Opposes the obligatory preferential treatment given to green technologies in public procurement; stresses that if a technology cannot sustain itself in the market without subsidies, it is a clear indication that it may not be commercially viable; insists that public procurement must remain technology neutral and competition-driven;

Or. en

Amendment 10

Motion for a resolution

Paragraph 9 a (new)

Motion for a resolution

Amendment

9a. Calls for a massive simplification and acceleration of European-wide procurement procedures, facilitating the access of third country operators thereto, while preserving regulatory space in order to react to unforeseen circumstances, if needed;

Or. en

Amendment 11

Motion for a resolution

Paragraph 11

Motion for a resolution

Amendment

11. Highlights that public contracts continue to be awarded primarily based on the lowest price criterion, restricting procurement authorities from considering additional factors such as innovation and quality-to-price ratio, which leads to suboptimal long-term outcomes misaligned with citizens’ interests;

11. Highlights that public contracts continue to be awarded primarily based on the most economical price criterion, which means that procurement authorities are not forced to consider additional factors, which leads to suboptimal long-term outcomes misaligned with citizens’ interests;

Or. en

Amendment 12

Motion for a resolution

Paragraph 12

Motion for a resolution

Amendment

12. Notes the ongoing debate on updating public procurement thresholds; stresses, however, that the revision should instead focus on reducing administrative burdens and simplifying procedures, as these remain the root cause of many challenges; stresses that addressing these issues effectively would eliminate the need for a discussion on threshold adjustments;

12. Notes the ongoing debate on updating public procurement thresholds; stresses, however, that the revision should also focus on reducing administrative burdens and simplifying and accelerating procedures, as these remain the root cause of many challenges; stresses that addressing these issues effectively would eliminate the need for a discussion on threshold adjustments;

Or. en

Amendment 13

Motion for a resolution

Paragraph 21

Motion for a resolution

Amendment

21. Recommends that the Commission fully utilise current tools to prevent unfair competition from non-EU countries;

21. Recommends that the Commission fully utilise current tools to prevent unfair competition from non-EU countries, including through the use of the International Procurement Instrument, while remaining open to foreign bidders that follow the rules;

Or. en

Amendment 14

Motion for a resolution

Paragraph 21 a (new)

Motion for a resolution

Amendment

21a. Calls for an ambitious trade agenda, based on a wide network of free trade agreements, which would include comprehensive procurement chapters, thus de facto aligning relevant standards worldwide;

Or. en

Amendment 15

Motion for a resolution

Paragraph 22 a (new)

Motion for a resolution

Amendment

22a. Calls for renewed action at WTO level to extend membership of the Agreement on Government Procurement to more countries, especially to the big global players, such as China; calls on the Commission and the Member States to launch the procedure of updating the Agreement on Government Procurement, in order to integrate other relevant conditions, such as the inflation adjustment mechanism;

Or. en

Amendment 16

Motion for a resolution

Paragraph 27

Motion for a resolution

Amendment

27. Calls for the simplification of selection criteria and the creation of a digital database for pre-qualified SMEs to streamline their participation in public procurement; stresses that the EU public procurement framework must ensure equitable access for SMEs and local businesses by promoting simplified procedures, proportional requirements and the mandatory division of contracts into smaller lots to prevent dominance by large entities;

Or. en