ICC seminar appeals for more debate on EU procurement proposal

The proposal aims to improve the conditions under which EU businesses can compete for public contracts in third countries by introducing a reciprocity condition limiting access to internal EU public procurement markets for goods and services from countries whose public markets are not open to EU businesses. It sets up procedures supporting negotiations on access of EU goods and services to the public procurement markets of third countries.

In its own response to the proposal submitted on 24 July 2012, ICC expressed concern that some sections of the proposal could lead to limited access to markets and – given ICC’s mandate to promote open markets and fight all forms of protectionism – could not be supported by the world business organization.

ICC’s seminar on the subject, was held in line with ICC aims to promote discussions and foster further evaluations of the potential consequences of the proposal made on 21 March 2012.

“ICC again needs to live up to its role as the voice of international business in this complex market access issue, as it is ideally positioned to do so,” said Lauri Railas, Co-Chair of the ICC Task Force on Public Procurement..

Taking place on 7 November 2012 at ICC headquarters in Paris, the seminar successfully brought together high level representatives from the EU institutions, international and industry organizations, national governments, academia, business and legal professionals from the European Union and beyond. The diversity of speakers contributed to the success of the event which saw intense discussion and a variety of viewpoints expressed.

The ICC Task Force on Public Procurement also expressed its intent to remain attentive and continue to be active on the issue following the seminar.

Established in 2005, the ICC Task Force on Public Procurement gathers together business experts on public procurement from commercial organizations, companies, law firms and consultancies interested in promoting the ICC objectives in the field of public procurement.

For more information visit the ICC Commission on Commercial Law and Practice.

Presentation:

Lessons From the US Experience With Domestic Preferences by Alan Gourley

The UNCITRAL Model Law on Public Procurement and participation in public procurement by Caroline Nicholas

The European Union’s Proposed “Walled Garden” by Christopher Yukins

Access of non-EU countries to the EU’s public procurement market & increasing EU’s negotiating leverage by Erik Nooteboom

The proposed EU regulation on the access of third-country goods and services to the EU’s internal market in public procurement by Peter Schäfer

The conclusion of the renegotiation of the WTO Agreement on Government Procurement(GPA): enhanced prospects for a global procurement market? By Robert Anderson