Commercial Use of Public Procurement (Regulation)
The Commission wishes to improve the access of European providers to public contracts in third countries and therefore extend the right to exclude providers from third countries from public procurement in the EU.
Giving contracting authorities the possibility to impose in individual cases general exclusion of tenders with non-covered services from public procurement is arbitrary and inappropriate, as it is not suitable for improving the negotiating position of the EU towards third countries. On the contrary, it can even be abused for protectionist purposes. The risk of allowing contracting authorities and the Commission to exclude services from third countries is that third countries will respond with new protectionist retaliatory measures.