PPA proposal commentary

Article 75 - Union restrictions for third-country non-covered economic operators, goods, services and works

Article 75 appears to be a simple article, giving the European Commission the powers to adopt the necessary delegated acts to mandate the application of the European preference included in Article 73 in accordance with the conditions imposed by Article 141. What is optional and to the discretion of the public buyer under that Article may become mandatory if the Commission so decides to.

This conferral of power is not time limited as per Article 141(2) but may be revoked at any time by either the European Parliament or the Council. The revocation of the power does not affect the standing of the legal acts approved by the Commission in the meanwhile.

Article 74 - Origin

Article 74 appears to be a simple one at first glance, as it simply points towards different pieces of legislation where to identify the origin of economic operators, subcontractors and goods. For services and works it mostly follows the rules for economic operators/subcontractors and goods. Marko's entry

Article 73 - European preference requirements

Article 73 creates the operational requirements that public buyers are to consider when implementing European preference requirements. Effectively, this article allows but does not mandate the discrimination of economic operators, goods, services and works. This is an Article that requires a careful side-by-side reading with Articles 71 and

Article 72 - Restrictions on covered economic operators, goods, services or works

This article provides the Commission with wide ranging powers to introduce amendments to Article 70 via delegated acts, effectively excluding economic operators, goods, services or works from certain third-countries from being considered covered. As such, if the Commission were to exercise this power, for example, it could bar American

Article 71 - Determining the scope of coverage for third-country covered economic operators, goods, services or works

Article 71 establishes a barebones set of rules on how to determine the scope of coverage for third country economic operators, goods, services and works. It is composes of two main elements: an online tool to be developed by the Commission (paras 1 and 3) and an obligation for public

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Article 74 - Origin

Article 73 - European preference requirements

Article 72 - Restrictions on covered economic operators, goods, services or works

Article 71 - Determining the scope of coverage for third-country covered economic operators, goods, services or works