Regulation (EU) 2022/1031 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI)

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Series Details L 173, Pages 1-16
Publication Date 30/06/2022
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Summary:

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.

Further information:

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.

Source Link http://data.europa.eu/eli/reg/2022/1031/oj
Related Links
Commentary and Analysis
EPRS: Briefing, November 2017: International procurement instrument https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2017)614610
CEPR: VoxEU, 16/04/2020: Why public procurement openness is more important now than ever https://voxeu.org/article/why-public-procurement-openness-more-important-now-ever
European Council on Foreign Affairs (ECFR): Policy Briefs, 15/04/2021: Home advantage: How China’s protected market threatens Europe’s economic power https://ecfr.eu/publication/home-advantage-how-chinas-protected-market-threatens-europes-economic-power/
European Council on Foreign Affairs (ECFR): Policy Briefs, 23/06/2021: Measured response: How to design a European instrument against economic coercion https://ecfr.eu/publication/measured-response-how-to-design-a-european-instrument-against-economic-coercion/
EPRS: At a Glance, June 2022: International procurement instrument https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2022)729459
Loyens&Loeff: News, 05/09/2022: New EU International Procurement Instrument against discrimination by third countries https://www.loyensloeff.com/insights/news--events/news/new-eu-international-procurement-instrument-against-discrimination-by-third-countries/
EPRS: Briefing, November 2022: EU international procurement instrument https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2020)649403

News
The Baltic Couse, 01/02/2016: EU Commission presented a revised proposal for an International Procurement Instrument http://www.baltic-course.com/eng/baltic_states?doc=116085
EurActiv, 15/12/2021: EU’s international procurement law one step closer to completion https://www.euractiv.com/section/economy-jobs/news/eus-international-procurement-law-one-step-closer-to-completion/
Reuters, 14/03/2022: With eye on China, EU sets rules to force open tenders https://www.reuters.com/world/china/with-eye-china-eu-agrees-new-rules-public-tenders-2022-03-14/

Official
EUR-LEX: COM(2012)124: 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2012:124:FIN
EUR-LEX: COM(2016)34: Amended 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 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2016:34:FIN
EUR-LEX: SWD(2012)57: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2012:57:FIN
EUR-LEX: SWD(2012)58: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2012:58:FIN
European Parliament: Legislative Observatory: Procedure file for Proposal on international public procurement instrument (2012/0060(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2012/0060(COD)
European Parliament: Legislative Train Schedule: A new EU International Procurement Instrument (IPI) https://www.europarl.europa.eu/legislative-train/theme-a-stronger-europe-in-the-world/file-international-procurement-instrument-(ipi)
European Commission: DG Internal Market, Industry, Entrepreneurship and SMEs: International public procurement https://ec.europa.eu/growth/single-market/public-procurement/international-public-procurement_en
European Commission: Press Release, 21/03/2012: European Commission levels the playing field for European business in international procurement markets https://ec.europa.eu/commission/presscorner/detail/en/ip_12_268
European Commission: External public procurement initiative - Frequently Asked Questions (21 March 2012) https://ec.europa.eu/commission/presscorner/detail/en/MEMO_12_201
European Commission: Press Release, 29/01/2016: European Commission Takes Action to Open Up International Procurement Markets https://ec.europa.eu/commission/presscorner/detail/en/IP_16_178
Council of the European Union: Press Release, 02/06/2021: Trade: Council agrees its negotiating mandate on the International Procurement Instrument https://www.consilium.europa.eu/en/press/press-releases/2021/06/02/trade-council-agrees-its-negotiating-mandate-on-the-international-procurement-instrument/
European Parliament: Press Release, 30/11/2021: International public procurement: a new instrument to support EU firms https://www.europarl.europa.eu/news/en/press-room/20211129IPR18313/
Renew Europe EP Group: Newsroom, 14/12/2021: It's time for EU companies to get fair access to International Public Procurement! https://www.reneweuropegroup.eu/news/2021-12-14/its-time-for-eu-companies-to-get-fair-access-to-international-public-procurement
EPP EP Group: Newsroom, 14/12/2021: Non-EU countries must open up their procurement markets https://www.eppgroup.eu/newsroom/news/non-eu-countries-must-open-up-their-procurement-markets
European Commission: Press Release, 14/03/2022: EU acts to improve reciprocal access to international procurement https://ec.europa.eu/commission/presscorner/detail/en/ip_22_1728
S&D EP Group: Newsroom, 15/03/2022: S&Ds empower EU to take more decisive action against discrimination against European companies abroad https://www.socialistsanddemocrats.eu/newsroom/sds-empower-eu-take-more-decisive-action-against-discrimination-against-european-companies
European Parliament: Press Release, 09/06/2022: International public procurement instrument: securing fairness for EU firms https://www.europarl.europa.eu/news/en/press-room/20220603IPR32143/
Council of the European Union: Press Release, 17/06/2022: International Procurement Instrument: Council gives green light to new rules promoting reciprocity https://www.consilium.europa.eu/en/press/press-releases/2022/06/17/international-procurement-instrument-council-gives-final-go-ahead-to-new-rules-boosting-reciprocity/

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