Tax havens and public procurement

25.1.2021

Question for written answer  E-000416/2021
to the Commission
Rule 138
Kira Marie Peter-Hansen (Verts/ALE)

On 14 July 2020, the Commission issued recommendations on making State financial support to undertakings in the Union conditional on the absence of links to non-cooperative jurisdictions. The key motivation states that ‘the diversion of financial aid to tax havens can damage the integrity of Member States’ public finances as well as the proper functioning of the Union financial system and the internal market of the Union’. A similar argument could be made for public procurement, where public funds are at risk of being diverted to tax havens and creating unfair competition.

To what extent does the Commission consider its recommendations of 14 July 2020 to be applicable to public procurement in Member States? For instance, could Member States choose to exclude companies from public procurement or score them lower if they have a presence in a blacklisted jurisdiction (according to the EU blacklist or another blacklist approved by a Member State), and do not comply with any of the carve-outs referred to in the Commission’s recommendations?