Answer given by Mr Barnier on behalf of the Commission
The definition of ‘non-covered goods and services’ in the Commission proposal refers to rules of origin for goods and services which are based upon the rules provided under the Union Customs Code for goods, and the EU Treaties, as well as the World Trade Organisation (WTO) General Agreement on Trade in Services (GATS) for services. Contracting authorities or entities are not currently obliged to provide this information on the origin of the goods and services in the contract award notices published in Tenders Electronic Database (TED). This means that the Commission is not in possession of the detailed data requested by the Honourable Member.
However, the impact assessment of the proposal includes an estimate of the total foreign participation on the EU's public procurement market which amounts to between 10 and 17 billion Euro per year. TED does contain data on the contracts awarded to third-country companies in areas not covered by the international commitments of the EU: over one thousand contracts were awarded to third country companies between 2007 and 2011 in areas not covered by the EU's international commitments, for a total value of almost EUR 3 billion. However, since in 40 % of these cases the value of the contracts awarded has not been disclosed, this figure is certainly a gross underestimate of the real value of those contracts. In addition, there may be instances where the country of origin of the successful contractor from a third-country has not been mentioned by the contracting authority.