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K Dawar JWT submission 2016 IPI Amended Proposal.pdf (508.82 kB)

The 2016 EU International Procurement Instrument’s amendments to the 2012 buy European proposal: a retrospective assessment of its prospects

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posted on 2023-06-09, 00:35 authored by Kamala Dawar
This paper assesses the European Commission’s 2016 Amended Proposal for ‘a Regulation of the European Parliament and of the Council 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.’ The proposed regulation aims to improve the conditions under which EU businesses can compete for public contracts abroad. It provides the EU with leverage through imposing a price penalty on any tender for an EU procurement which is originating in a country that does not offer the EU ‘reciprocity’ in access to its procurement markets. After introducing the 2016 International Procurement Instrument (IPI) Amended Proposal, the paper examines the legal framework of the Amended Proposal with reference to its evolution from the European Commission’s original 2012 proposed regulation. The analysis then turns to the concept of reciprocity, which serves as the justificatory basis of the Commission’s proposal before assessing the 2016 Amended Proposal’s compatibility with the EU’s commitments under the WTO, including most notably the World Trade Organization’s Government Procurement Agreement (WTO GPA), the General Agreement on Tariffs and Trade (GATT) and the Agreement on Subsidies and Countervailing Measures (ASCM). This assessment concludes by questioning the compatibility of this proposed regulation with the EU’s obligations under the WTO as well as the objectives of the EU procurement rules, underpinned by Treaty principles.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Journal of World Trade

ISSN

1011-6702

Publisher

Kluwer

Issue

5

Volume

50

Page range

845-865

Department affiliated with

  • Law Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2016-03-16

First Open Access (FOA) Date

2017-05-30

First Compliant Deposit (FCD) Date

2016-03-16

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