CEFIC - European Chemical Industry Council

What the Commission proposes

The European Commission is conducting a review of the scope, functioning, and efficiency of Regulation (EU) 2022/1031 on the International Procurement Instrument (IPI). The review evaluates the implementation of the regulation, including investigation processes, consultations, thresholds, exceptions, and the first adopted IPI measure regarding medical devices from China. It aims to assess the instrument's effectiveness in tackling procurement barriers in non-EU countries and ensuring a level playing field for EU operators. The findings will be presented in a report to the European Parliament and the Council by August 2027.

• Review of the scope, functioning, and efficiency of the IPI Regulation pursuant to Article 14.
• Assessment of investigation procedures, third-country consultations, thresholds, and types of measures.
• Evaluation of the application and implementation of the first IPI measure concerning Chinese medical devices.
• Analysis of the efficiency of online complaint tools and rules for determining origin.
• Execution of a 12-week online public consultation through the Have your say portal.
• Publication of a factual summary of consultation results and an implementation report to the European Parliament and the Council.

What is asked: Respondents are asked to provide views and evidence on the implementation, scope, functioning, and efficiency of the IPI Regulation in tackling non-EU procurement barriers, achieving market openness, and ensuring a level playing field, as well as the application of specific measures adopted under the Regulation.

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1. 4 We are consulting stakeholders to assess the implementation of the IPI Regulation in terms of: - the scope, functioning and efficiency of the Regulation in tackling non-EU countries procurement barriers, achieving openness of non-EU countries public procurement markets and ensuring a level playing field for EU businesses, goods, services and works; - implementation of specific measures adopted under the IPI Regulation. Target audience The target audience is composed of, in particular, interested parties affected by measures or practices in non-EU counties (e.g. businesses, business associations and cross-industry organisations), EU contracting authorities and EU contracting entities.

   Report from the Commission to the European Parliament and to the..., page 4 (EN)

2. CALL FOR EVIDENCE FOR AN INITIATIVE This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities. We ask these groups to provide views on the Commission’s understanding of the problem and possible solutions, and to give us any relevant information they may have. TITLE OF THE INITIATIVE International Procurement Instrument review LEAD DG - RESPONSIBLE UNIT Directorate-General for Trade & Economic Security - Unit B.3, Digital Trade, Intellectual Property and Public Procurement

   Report from the Commission to the European Parliament and to the..., page 1 (EN)

3. 2 A. Political context, problem definition and subsidiarity check Political context The International Procurement Instrument Regulation (IPI Regulation), which entered into force on 29 August 2022, aims to improve reciprocal access to international procurement markets in areas not covered by international commitments under the Agreement on Government Procurement or bilateral free trade agreements. The IPI Regulation tackles procurement barriers in non-EU countries by empowering the European Commission to initiate investigations against alleged restrictions in third- country procurement markets and consult with the countries concerned to encourage market opening. If consultations do not lead to satisfactory results, the EU may restrict access to its procurement market for companies, goods and services from countries that continue applying restrictions to EU firms.

   Report from the Commission to the European Parliament and to the..., page 2 (EN)

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What the Commission proposes

The European Commission has launched a public consultation on territorial supply constraints, which are limitations imposed by large manufacturers to prevent retailers from buying products in one Member State and reselling them in another. These practices fragment the Single Market, limit consumer choice, and lead to significant price differences for daily consumer goods across the EU. The initiative aims to introduce new tools to address these constraints beyond situations currently captured by competition law, as announced in the May 2025 Single Market Strategy. This consultation gathers input from stakeholders to better understand the impact and scale of these supply restrictions.

• Territorial supply constraints hinder retailers from buying goods in one Member State to resell in another
• Such practices fragment the Single Market and limit consumer choice
• They contribute to significant price differences for daily consumer goods across the EU
• The initiative follows the Single Market Strategy announced in May 2025
• New tools are proposed to address these constraints beyond existing competition law

What is asked: Respondents are asked to provide information and comments on territorial supply constraints, their impact on the Single Market, consumer choice, and retail prices, as well as views on potential tools to address them.

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What the Commission proposes

The European Commission has launched a call for evidence for an evaluation and impact assessment running in parallel regarding VAT rules and the circular economy. The initiative aims to modernise selected value added tax rules that currently hinder circular business models, sustainable consumption choices, and the single market for secondary raw materials. It focuses on three specific pillars: second-hand goods, the donation versus destruction of viable goods, and VAT deduction rules for passenger cars. A legislative proposal is indicatively planned for the second quarter of 2027.

• Evaluates and reviews current EU VAT rules to ensure they align with the circular economy and complement the Ecodesign for Sustainable Products Regulation and the Circular Economy Act.
• Examines the VAT treatment of second-hand, refurbished, and remanufactured goods to address lack of deduction rights and complex margin schemes.
• Addresses economic distortions where destroying viable goods is more advantageous under current VAT rules than donating them.
• Considers aligning VAT deduction rules for passenger cars with sustainability objectives and zero-emission mobility goals.
• Assesses policy options including mandatory or discretionary measures on vehicle deductions, harmonised margin schemes, and VAT relief on donations.

What is asked: The Commission asks respondents to provide feedback and evidence on the evaluation of current VAT rules and the impact assessment of potential policy options regarding second-hand goods, the donation or destruction of viable goods, and VAT deduction rules for passenger cars.

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1. Reducing resource dependencies and keeping materials in productive use for longer are important not only for achieving the EU’s environmental objectives, but also for improving its industrial competitiveness and economic security. This is reflected in the Clean Industrial Deal, in which the Commission identified circularity as one of the key enablers of a competitive and decarbonised European economy and announced a future ‘green VAT initiative’ (also referred to as ‘Circular VAT’). The importance of the circular economy for achieving the EU’s ambition to boost competitiveness and economic security will also be reflected in the forthcoming Circular Economy Act (CEA), which is intended to strengthen the single market for secondary raw materials and is scheduled for adoption in late 2026.

   Proposal for a Council Directive amending Directive 2006/112/EC as..., page 1 (EN)

2. Practical need for EU action EU action is required as the problems identified are the result of the common VAT framework, as governed by Directive 2006/112/EC, and inconsistent national implementation within the limits of that framework. Member States cannot fully solve the problems linked to the VAT Directive by acting alone. It is therefore necessary for the Commission, which has responsibility for ensuring the internal market functions smoothly and for promoting the general interest of the European Union, to propose actions to improve the situation. EU action would add value by helping to create a more coherent VAT framework for economic

   Proposal for a Council Directive amending Directive 2006/112/EC as..., page 3 (EN)

3. The initiative also supports broader EU efforts to accelerate the transition to zero-emission mobility, including the Commission’s 2025 Communication on decarbonising corporate fleets. It also aligns with the upcoming Recommendation on fiscal and non-fiscal demand-side incentives announced in the industrial action plan for the European automotive sector and the objectives of the revision of the CO2 standards and corporate vehicles proposal to decarbonise corporate fleets with binding national targets for zero- and low-emission vehicles. Value added tax (VAT) is a major source of revenue for Member States, accounting for 7.1% of EU GDP and representing 15.5% of total government tax revenue in 2024.

   Proposal for a Council Directive amending Directive 2006/112/EC as..., page 2 (EN)

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What the Commission proposes

The European Commission proposes the Cloud and AI Development Act to establish a framework of measures aimed at strengthening Europe's cloud and artificial intelligence ecosystem. The initiative focuses on three pillars, which include research and innovation for greening infrastructure, industrial investments to triple EU data processing capacity, and actions to increase secure data processing capacities for cloud providers in the EU. Ultimately, the proposal seeks to address infrastructure gaps, reduce critical dependencies on non-European providers, and enhance the Union's digital sovereignty and competitiveness.

• Addresses the EU gap in cloud and AI infrastructure capacity through three distinct pillars.
• Promotes research and innovation to accelerate sustainable cloud and AI computing technologies.
• Aims to triple the EU data processing capacity over the next 5 to 7 years via industrial investments.
• Introduces measures to increase secure data processing capacities for high-critical use cases.
• Establishes common criteria for sovereign cloud computing services to reduce extraterritorial dependencies.
• Promotes open-source solutions and joint public procurement activities across the public sector.

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1. Procurement activities conducted by the Commission in concertation with the contracting authorities of Member States can play a decisive role in harnessing collective purchasing power and ensuring access to 33 Regulation (EU) 2024/2847 of the European Parliament and of the Council of 23 October 2024 on horizontal cybersecurity requirements for products with digital elements and amending Regulations (EU) No 168/2013 and (EU) 2019/1020 and Directive (EU) 2020/1828 (Cyber Resilience Act) (OJ L, 2024/2847, 20.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2847/oj). 34 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65, ELI: http://data.europa.eu/eli/dir/2014/24/oj).

   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE..., page 34 (EN)

2. Diverging public procurement practices for cloud and AI computing services and diverging sovereignty criteria may prevent providers from fully benefitting of the internal market. If EU intervention takes the form of a legislative proposal, it can be based on Article 114 TFEU. Article 173(3) TFEU is the basis for enhancing the EU’s competitiveness and innovation capacity. It enables measures to accelerate industry’s adaptation to structural changes; encourage an environment favourable to initiatives and to the development of undertakings throughout the EU, particularly small and medium-sized undertakings and favourable to cooperation between undertakings; and foster better exploitation of the industrial potential of policies of innovation, research and technological development.

   COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT REPORT..., page 27 (EN)

3. 35 Regulation (EU) 2024/903 of the European Parliament and of the Council of 13 March 2024 laying down measures for a high level of public sector interoperability across the Union (Interoperable Europe Act) (OJ L, 2024/903, 22.3.2024, ELI: http://data.europa.eu/eli/reg/2024/903/oj). 36 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1, ELI: http://data.europa.eu/eli/agree_interinstit/2016/512/oj).

   Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE..., page 37 (EN)

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