Evropska komisija je 24. aprila začela svojo prvo preiskavo v okviru mednarodnega instrumenta za javna naročila, orodja, katerega cilj je zagotoviti vzajemni dostop do trgov javnih naročil tretjih držav za gospodarske subjekte v EU.
Preiskava, ki jo je sprožila Komisija na lastno pobudo, temelji na številnih domnevnih ukrepih in praksah na Kitajskem, ki dajejo prednost domačim operaterjem pri javnih naročilih in omejujejo nabavo uvoženega blaga.
Komisija poziva države članice in zainteresirane strani (vključno z akterji v panogi in industrijskimi združenji), da do 24. maja 2024 predložijo povratne informacije, pomembne za ta postopek. Svoje izkušnje lahko delite do 24. maja 2024 tako, da relevantne podatke in informacije, ki jih najdete v uradnem obrazcu (povezava spodaj) pošljete na TRADE-EU-INTERNATIONAL-PROCUREMENT-INSTRUMENT@ec.europa.eu.
Za več informacij se obrnite na tinkara.godec@gzs.si, ali pa direktno na zgoraj naveden e-mail naslov.
The European Commission launches an investigation into unequal access to the Chinese procurement market under the International Procurement Instrument
On 24th April, the European Commission launched its first investigation under the International Procurement Instrument, a tool aiming at ensuring reciprocal access to third-country procurement markets for EU economic operators.
The investigation, launched by the Commission on its own initiative, is based on a number of alleged measures and practices in China both favouring domestic operators in procurement and restricting the procurement of imported goods. Some of the relevant documents cited in the Commission notice include Article 10 of the Government Procurement Law, the provisions on procurement of domestically produced medical devices in China Manufacturing 2025 and the Ministry of Finance’s Administrative Measures for the Procurement of Imported Goods.
Upon issuance of the notice, the Commission invites the Chinese government to submit its views and provide additional information on these alleged measures and practices. The Commission also invites Member States and interested parties (including industry players and industry associations) to submit feedback relevant to this process until 24th May 2024.
All submissions should be made by email to TRADE-EU-INTERNATIONAL-PROCUREMENT-INSTRUMENT@ec.europa.eu. As per the attached guidance document for submission of information, interested parties wishing to treat any part of the information and supporting documents as confidential should request this explicitly and give reasons for the request. The information or any documents, which contain confidential information, must be labelled ‘Sensitive’. In addition, a non-confidential summary should also be provided.
The investigation will last nine months, extendable to 14 in justified cases. Upon conclusion, the Commission will publish a document detailing the findings and proposing a course of action.
If the Commission decides to apply IPI measures, these:
may be designed as a score adjustment to tenders submitted by non-EU-country bidders (in this case Chinese bidders) or as a complete exclusion from tenders;
would apply to all public procurement procedures above a threshold of EUR15,000,000 (excluding Value Added Tax) for works and concessions, or EUR5,000,000 (excluding Value Added Tax) for goods and services, including dynamic purchasing systems and framework agreements; and
would expire after five years, with the possibility to adjustment, replace or extend said measures by five years.
Key takeaways
Access to procurement has long been an issue raised by European industry in a variety of sectors – according to the European Chamber’s Business Confidence Survey 2023 (BCS 2023) 28 per cent of respondents reported experiencing differentiated treatment in government procurement. The survey also shows that access to procurement was listed as the top regulatory obstacle in the medical devices sector. Particularly since the publication of China Manufacturing 2025, the Healthcare Equipment Working Group has repeatedly raised in meetings with authorities and through its Position Paper the issue of preferential treatment of domestic brands (both when the products offered by foreign companies are manufactured in China and in regulations administering procurement for imported products) in public procurement.
At the EU-China government level, bilateral engagement on the topic of public procurement has been long-standing, with a dedicated dialogue between the European Commission and the Ministry of Finance taking place between 2006 and 2018. The issue of access to China’s procurement market by European industry has been raised by EU policymakers repeatedly, including in the most recent High-Level Economic and Trade Dialogue, with medical devices in particular identified as one of the sectors most affected by unequal access.
At the multilateral level, although China committed to joining the Government Procurement Agreement (GPA) during World Trade Organization (WTO) accession negotiations, it only started the process in 2007, and accession negotiations have stalled since the submission of China’s sixth offer in 2019. It is important to note that IPI measures can only apply to stakeholders that are either not party to the WTO GPA or bilateral trade agreements with the EU, and if they do they only apply to public procurement processes not covered by these agreements.
In reaction to the announcement of the investigation, Chinese Ministry of Foreign Affairs spokesperson Wang Wenbin deplored the EU’s move towards protectionism and urged the EU to “honor its commitment to open market and the principle of fair competition, observe WTO rules and stop going after and restraining Chinese companies under various pretexts”. In the meantime, the Chinese Chamber of Commerce in the EU expressed its disappointment with the launch of the investigation and urged the EU to prioritise dialogue and consultation mechanisms.
From the perspective of European businesses, relevant associations such as MedTech Europe have reiterated the challenges experienced by European companies in the industry due to” the implementation of China's centralized state procurement policies and Buy-China policies”. The European Chamber has also published a statement on the launch of the investigation. Given the barriers to participation in public procurement experienced by companies in the medical devices sector, the Chamber “supports the end goal of this action, which is to ensure that European companies have the same access to China’s procurement market as Chinese companies enjoy in Europe”. In addition, “(t)he Chamber expects the investigation will be carried out in a fair, open and transparent manner.”
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