Procedure : 2011/2590(RSP)
Document stages in plenary
Document selected : B7-0284/2011

Texts tabled :


Debates :

Votes :

OJ 12/05/2011 - 219
Explanations of votes

Texts adopted :

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to wind up the debate on statements by the Council and the Commission

pursuant to Rule 110(2) of the Rules of Procedure

on equal access to public sector markets in the EU and in third countries and on the revision of the legal framework of public procurement including concessions

Andreas Schwab, Raffaele Baldassarre, Regina Bastos, Frank Engel, Jean-Paul Gauzès, Philippe Juvin, Constance Le Grip, Konstantinos Poupakis, Zuzana Roithová on behalf of the PPE Group
Evelyne Gebhardt, Bernadette Vergnaud on behalf of the S&D Group
Jürgen Creutzmann, Cristian Silviu Buşoi on behalf of the ALDE Group
Malcolm Harbour on behalf of the ECR Group
Heide Rühle on behalf of the Verts/ALE Group

European Parliament resolution on equal access to public sector markets in the EU and in third countries and on the revision of the legal framework of public procurement including concessions  

The European Parliament,

–   having regard to Directives 2004/18/EC and 2004/17/EC on procedures for the award of public contracts and Directives 89/665/EC, 92/13/EC and 2007/66/EC on review procedures concerning the award of public contracts,

–   having regard to the European Parliament resolution of 18 May 2010 on new developments in public procurement (P7_TA(2010)0173),

–   having regard to the report to the President of the European Commission, José Manuel Barroso, by Professor Mario Monti, entitled ‘A New Strategy for the Single Market – At the Service of Europe’s Economy and Society’,

–   having regard to the communication of the European Commission ‘Towards a Single Market Act - For a highly competitive social market economy’ (COM (2010) 608),

–   having regard to the Green Paper of the European Commission on the modernisation of EU public procurement policy - Towards a more efficient European Procurement Market (COM (2011) 0015),

–   having regard to Rule 110(2) of its Rules of Procedure,

A. whereas a well-functioning procurement market is of essential importance in order to foster the Single Market, stimulate innovation, promote a higher level of environmental and climate protection as well as social inclusion throughout the EU and to achieve optimal value for public authorities, citizens and tax payers,

B.  whereas especially in view of overcoming the financial and economic crisis and protecting against any future crisis, public procurement is of crucial relevance, serving as a catalyst for the revitalisation of EU economy and accordingly for employment and welfare in the EU,

C. whereas a sound and well-considered process of optimising the legal framework for public procurement is of vital importance for the welfare of EU citizens, EU consumers and EU businesses, for national, regional and local public authorities and thus for the acceptance of the EU as a whole,

D. whereas regarding the multitude of issues within the revision of EU procurement law, different priorities in terms of urgency as well as thematic connection have to be realised in view of ongoing political developments at EU and international level,

E.  whereas an extensive set of questions within the traditional framework of public procurement and the closely linked issue of concessions will need a coherent assessment based on a consistent consultation with the stakeholders,

F.  whereas the specific issue of safeguarding equal treatment and fair competition on public procurement markets in the EU and in third countries urgently needs more political attention, especially with a view to current problems regarding access to public sector markets in third countries, slow progress in negotiations on the revision of the WTO Government Procurement Agreement (GPA) and the obvious reluctance of many third countries to join the GPA,

1.  Refers to its comments in its resolution of 18 May 2010 on new developments in public procurement, and especially to paragraph 46 of this resolution stating that, while arguing strongly against protectionist measures in the field of public procurement at global level, it firmly believes in the principle of reciprocity, mutual benefit and proportionality in that area; and calls on the Commission to conduct a detailed analysis of the potential benefits and problems associated with imposing proportional, targeted restrictions on access to parts of the EU’s procurement markets, an impact assessment analysing when it might be used and an assessment of the legal basis that such an instrument would take for those trading partners which benefit from the openness of the EU market, but have not shown any intention of opening up their own markets to EU companies, while continuing to encourage the partners of the EU to offer reciprocal and proportional market access arrangements for European companies before proposing any other new text in the area of public procurement;

2.  Is of the opinion that the spirit of reciprocity and transparency will in effect secure more open public procurement markets and avoid protectionist measures using all existing tools available;

3.  Is convinced that in order to avoid new protectionist measures which might harm the interests of EU exporters also in fields beyond public sector markets, the Commission should search for adequate measures which will not allow for blanket EU or national counter-measures, but be based on appropriate tools in the area of public procurement;

4.  In this regard, calls on the Commission to assess the problems associated with extraordinary low bids and to propose appropriate solutions;

5.  Recommends contracting authorities to provide for early and sufficient information to other bidders in cases of abnormally low bids, in order to allow them to assess if there is ground for initiating a review procedure;

6.  Sees an urgent need for the EU to achieve better coherence between the common external trade policy of the EU and practices in Member States accepting exceptionally low bids from companies whose home countries are not signatories to the GPA, to the disadvantage of companies from EU Member States;

7.  With a view to question 114 of the Commission’s Green Paper on the modernisation of EU public procurement policy asking for a ranking in the importance of and for top priorities amongst the various issues raised in the Green Paper, emphasises the crucial importance of achieving well-reflected solutions both for the most urgent issue of market access as well as the further aspects of the review of public procurement and concessions; therefore calls on the Commission to first approach the issue of well-balanced access to public sector markets and to undertake the revision of public procurement and concessions in a second step, in order to allow for the necessary, sound involvement not only of the European Parliament and the Member States, but also of citizens and businesses, with a view to achieving the necessary acceptance for all of these important Single Market issues with high relevance for the overall welfare of the EU;

8.  Calls on the Commission to give priority to modernisation of public procurement rules and to deal with service concessions in such a way as to avoid further fragmentation of EU public procurement law according to the principles of better regulation.

9.  Instructs its President to forward this resolution to the Council and Commission..


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