|Author (Corporate)||Council of the European Union, European Parliament|
|Series Title||Official Journal of the European Union|
|Series Details||L 173, Pages 1-16|
|Content Type||Blog & Commentary, Legislation, News, Policy-making|
Regulation (EU) 2022/1031 - formally signed by the co-legislators on 23 June 2022 - aimed at regulating access of third-country goods and services to the European Union's internal market in public procurement. It also aims to set out procedures in supporting negotiations on access of EU goods and services to the public procurement markets of third countries. This is a text with EEA relevance.
Public procurement is about how public authorities spend public money to buy goods and services. The European Union (EU) has over the years opened its public procurement markets to a significant degree to competitors from third countries and advocated for more open public procurement markets globally. However, many third countries remained reluctant to open their public procurement markets to international competition.
This Regulation establishes measures regarding non-covered procurement, intended to improve the access of EU economic operators, goods and services to the public procurement and concession markets of third countries. It lays down procedures for the European Commission to undertake investigations into alleged third-country measures or practices against those operators, goods and services, and to enter into consultations with the third countries concerned. The Regulation also provides for the possibility for the Commission to impose measures within the International Procurement Instrument (IPI) to restrict the access of economic operators, goods or services from third countries to EU public procurement procedures.
The European Commission's Communications on Trade, Growth and World Affairs (2010) and Single Market Act (2011) highlighted fair competition and access to public procurement markets as one of the key tools for economic growth and job creation. The European Council issued guidance in October 2011 urging the Commission to present a proposal for an International Procurement Instrument (IPI). The Commission delivered on that guidance on 21 March 2012, tabling a draft Regulation aimed at helping open worldwide public procurement markets and ensuring EU business had fair access to them. The draft law also aimed to ensure that all companies are on equal footing when it comes to competing for business in the EU's public procurement market.
The European Parliament adopted an initial negotiating stance in January 2014. However, the Council of the European Union was unable to reach an agreement on its own general approach following a number of discussions. The Commission later reaffirmed the importance of ensuring a level playing field in market access for procurement in its Communication Trade for All (2015). A revised version of the original proposal was adopted by the Commission on 29 January 2016, in an attempt to address and overcome concerns laid out by the co-legislators. Following further internal discussions, the Council eventually adopted a general approach in June 2021. The Parliament adopted a revised negotiating position in December 2021. An informal agreement between the co-legislators on a compromise text for this file was reached on 14 March 2022. This was formally endorsed by the Parliament on 9 June and by the Council on 17 June. The Act was signed by the co-legislators on 23 June 2022 and published in the Official Journal on 30 June 2022.
|Subject Categories||Internal Markets, Trade|
|Subject Tags||Public Procurement|
|International Organisations||European Union [EU]|