Examples of using Restrictive procurement in English and their translations into Polish
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Official
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Colloquial
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Medicine
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Ecclesiastic
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Ecclesiastic
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Financial
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Official/political
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Programming
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Computer
Those restrictive procurement practices result in the loss of substantial trading opportunities.
Appropriate measures should not be disproportionate to the restrictive procurement practices to which they respond.
A mandatory price penalty on that part of the tender consisting of non-covered goods orservices which originate in the country adopting or maintaining a restrictive procurement practice.
As a result, Union economic operators face restrictive procurement practices in many of the trading partner of the Union.
Upon request by interested stakeholders oron its own initiative, the Commission may conduct investigations to verify the existence of restrictive procurement practices.
Currently EU suppliers face restrictive procurement practices in many of EU's main trading partners.
The exclusion of tenders of which more than 50% of the total value is made up of non-covered goods orservices originating in the country adopting or maintaining a restrictive procurement practice; and/or.
A lack of substantial reciprocity should be presumed where restrictive procurement measures result in serious and recurring discriminations of EU economic operators, goods and services.
Where the Commission has, on the basis of information available to it,reason to believe that a third country has adopted or maintains a restrictive procurement practice, it should be able to start an investigation.
The consultation may also be terminated in cases where the restrictive procurement measures are still in place at the time these commitments are undertaken, as long as they include detailed provisions relating to the phasing-out of those practices.
Article 9 in the initial proposal regulated the mechanism for consultation with third countries in cases of proven restrictive procurement practice, a provision now in Article 7 of the amended proposal.
Where the Commission considers it to be in the interest of the Union, it may at any time, on its own initiative or upon application of interested parties or a Member State,may initiate an external procurement investigation into alleged restrictive procurement measures.
For the purposes of point(b),a lack of substantial reciprocity is presumed where restrictive procurement measures result in serious and recurring discriminations of Union economic operators, goods and services.
An investigation could be initiated by the Commission on its own initiative or at the request of a Member State oran interested party, in order to verify the existence of restrictive procurement practices in third countries.
The Legal Service of the Council confirmed in its opinion of 28 October 2008 that, and I quote,'restrictive procurement measures designed to promote domestic industry do not comply with the general principles of the EC Treaty.
Article 9 establishes a mechanism for consultation with third countries in cases where the Commission concludes, after conducting an external procurement investigation,that the country concerned has adopted or maintains a restrictive procurement practice.
Where an agreement referred to in point(a) does not exist andthe third country maintains restrictive procurement measures leading to a lack of substantial reciprocity in market opening between the Union and the third country concerned.
The Commission should be able, on its own initiative or at the application of interested parties or a Member State,to initiate at any time an external procurement investigation into restrictive procurement practices allegedly maintained by a third country.
When the Commission concludes as a result of the external procurement investigation that the alleged restrictive procurement measures are not maintained by the third country concerned, the Commission shall adopt a decision terminating the investigation.
If the existence of a restrictive procurement practice in a third country is confirmed the Commission should invite the country concerned to enter into consultations with a view to improving the tendering opportunities for economic operators, goods and services in public procurement in that country.
Secondly, the Commission tool established by this regulation will ensure that the EU has a mechanism available to investigate restrictive procurement practices and consult with the third country concerned on these.
The assessment by the Commission of whether restrictive procurement measures are maintained by the third country concerned shall be made on the basis of the information supplied by interested parties and Member States and/or facts collected by the Commission during its investigation, and shall be concluded within a period of nine months after the initiation of the investigation.
Under this mechanism, the Commission will invite the country concerned to enter into discussions with a view to removing the restrictive procurement practice and ensuring transparency and equal treatment for EU suppliers, goods and services.
Where, after the initiation of a consultation,it appears that the most appropriate means to end a restrictive procurement practice is the conclusion of an international agreement, negotiations shall be carried out in accordance with the provisions of Articles 207 and 218 of the Treaty on the Functioning of the European Union.
This proposal therefore seeks to provide a framework allowing the EU to take effective action in the field of the Common Commercial Policy with respect to restrictive procurement practices operated in some of the EU's trading partners.
The consultation scheme takes into account the differentsituations to be considered, such as the existence of a dispute settlement mechanism for restrictive procurement practices affecting covered procurement, unilateral remedial measures or the conclusion of an international agreement providing for equal treatment for EU suppliers, goods and services previously affected by restrictive procurement practices.
Article 8 sets out the conditions under which the Commission, on its own initiative or at the request of Member States orinterested parties, may launch an external procurement investigation into restrictive procurement measures by third countries, and how to conduct such an investigation.
If the country concerned is unwilling toengage into consultations or provide satisfactory solutions to the restrictive procurement measures, the European Union could take a decision to temporarily restrict the access of goods and/or services from that country to the EU public procurement market.
The Commission should be able, on its own initiative or at the application of interested parties or a Member State,to initiate at any time an external procurement investigation into restrictive procurement measures or practices allegedly adopted or maintained by a third country.
Where it is found in an investigation pursuant to Article 8, andafter following the procedure foreseen in Article 9, that restrictive procurement measures adopted or maintained by that third country leads to an lack of substantial reciprocity in market opening between the Union and the third country as referred to in Article 6, the Commission may adopt implementing acts to temporarily limit the access of non-covered goods and services originating in a third country.
