The Proposal for the EU Regulation on More Uniform Common External Trade Policy with Regard to Public Procurement

Driven by the severe concerns about the lack of reciprocity in mutual procurement market access between Member States and third countries, the Commission has taken legislative steps to tighten the common external trade policy of the EU with regard to uncovered procurement. So far, Member States have enjoyed a wide autonomy as to the way these treat contractors/goods/service from third countries. Under the Commission’s proposal, it would now be the Commission to exclude tenders consisting of non-covered goods or services either by accepting individual requests of contacting authorities or by temporarily limiting market access only to those countries which glaringly discriminate against suppliers, goods and services from the EU and do not promise better market access in negotiations. However, the detailed review of the proposal gives rise to doubt whether its provisions can actually improve the EU’s leverage in international negotiations. Conclusive legislative works on this matter have been scheduled in the Parliament for April 2014. Legislative Proposal: As a part of the current public procurement reform in the European Union (“EU”), the European Commission (“Commission”) has taken legislative steps to tighten the common external trade policy of the EU with regard to so-called uncovered procurement meaning the public procurement not covered with international commitments of the EU. Efforts of the Commission resulted in the Proposal for a Regulation 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 revealed in March 2012 (“Proposal”). Conclusive works on the Proposal have been scheduled in the European Parliament for April 2014