Buitenlandse subsidies en openbare aanbestedingen

Source: E.N.A.J. (Liesje) Schreinemacher i, published on Friday, March 26 2021.

European companies are increasingly dealing with unfair competition by foreign state-owned enterprises on the EU public procurement market.

Dutch dredging company Van Oord warned on 16 March 2021 that Chinese state-owned enterprises are heavily subsidized, allowing them to place abnormally low bids below the cost price.[1]

The Commission announced a proposal on Foreign Subsidies and Public Procurement for 2021 based on its White Paper on Foreign Subsidies[2] in order to address market distortions on the public procurement market.

  • 1) 
    How will the public authorities investigate the existence of a foreign subsidy as well as the ownership of the tenderer, and what measures will be taken in case of a failure to comply with providing complete information by companies?
  • 2) 
    How widely is the Commission guidance on participation of third country bidders used by Member States and which efforts are being made to make the guidance wider known throughout the EU?
  • 3) 
    According to the Public Procurement Directive[1], a tender may be rejected if the tenderer placed an abnormally low bid with the support of state aid. How often are tenders rejected for this reason? If this does not occur frequently, what will the Commission do to improve its enforcement?

[1] Baggeraars verweren zich tegen oprukkende Chinezen (fd.nl)

[2] Press corner | European Commission (europa.eu)

[3] Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement Article 69, paragraph 4

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