The EU public procurement regime on third-country bidders – setting the cursor between openness and reciprocity

Chapter 7 by Frank Hoffmeister, who acted as the Deputy Chef de Cabinet of Trade Commissioner De Gucht in the Barroso II Commission, discusses the international aspects of the EU’s public procurement law. The investigation starts off with the draft regulation on the position of third-country bidders in the EU internal procurement market, which the Barroso II Commission proposed in April 2013. The Chapter elaborates the central ‘reciprocity’ rationale of this instrument. The review includes an institutional dimension as it provides an assessment of the positions of the European Parliament and the Council, and the ensuing inter-institutional controversies. The analysis is further linked to the on-going efforts of the European Commission on international fora to negotiate public procurement chapters in free trade agreements with third countries. Combined, the steps in the chapter will allow for a critical analysis on whether and how the reform of public procurement rules has been affected by the economic crisis and used as a way to come out of it.