2 May 2022
The study highlights the areas where the instruments lack clarity, particularly in the implementation of the instrument, the division of labour between the EU and EU member states, and the compliance of the instruments with WTO rules and bilateral FTA provisions. [...] 2.3 How does ACI work? While the Commission’s DG Trade will manage the instrument, it is useful to consider in greater detail the type of actions, the country coverage, the process for making decision and the scale of the ACI measure that could be the result of the Commission’s current work. [...] Furthermore, the Commission should review the “scope, functioning and efficiency” of the regulation and report the results of the review to the European Parliament and the Council. [...] Article 8 of the draft regulation states that procurement authorities can decide not to apply the IPI if: (i) there are only offers from companies based in the country subject to the IPI or only one of the tenders meet the requirements; (ii) due to reasons relating to public interest; (iii) if the application of the measures led to a disproportionate increase in the cost of the contract. [...] Similarly, if the price offered by a company that is not subject to the IPI is in the range of the offered price of a company subject to the IPI or within the budget of the procuring authority for that tender, the exception will not apply either.