THE INTERNATIONAL PROCUREMENT INSTRUMENT: THE SYSTEM FOR AND ISSUES WITH EUROPEAN HARMONISATION IN THE FACE OF PROTECTIONISM IN PUBLIC PROCUREMENT

Traditionally, certain international public procurement markets have remained closed to European bidders, goods and services. Given this, the EU's different Member States had designed their own responses, until recently, when the Union itself has decided to provide a common reaction in the form of the approval of the International Procurement Instrument, which contemplates the implementation of a wide range of restrictive measures. Said measures have a constraintive effect (by limiting the participation of foreign bidders, goods and services), but also aim to foster reciprocity and the signing of international agreements. This regulation is associated with European Union's exclusive powers over common trade policy and supersedes pre-existing national rules and regulations. Nevertheless, Member States still retain the ability to have an indirect impact on tenders, with the introduction of aspects associated with quality or the fostering of social responsibility and environmental protection.