EU Commission Opens Investigation on Chinese Medical Devices Procurement Market

The European Commission on April 24 opened the first investigation under its International Procurement Instrument in response to practices in the Chinese procurement market for medical devices which allegedly "discriminate unfairly against European companies and products," the commission said.

The commission said it has evidence the procurement market for medical devices in China has "gradually become more closed for European and foreign firms" along with products made in the EU. The bloc accused China of unfairly differentiating between local and foreign companies and locally made and imported medical devices. The commission said it previously raised its concerns with Chinese authorities to no avail.

Under this tool, the commission will invite the Chinese government "to submit their views, provide relevant information, and open a consultation with an aim to eliminate the discriminatory measures." The commission will then conduct a nine-month investigation, which can be extended by five months, after which a report will be issued suggesting a "course of action."

If discriminatory measures are found to exist, the commission can "adopt an IPI measure," including "score adjustments for bidders originating in the third country concerned (a reduction in their overall score in the selection process, thus lowering their chances to win the bid), or their full exclusion from the relevant tender in the EU, depending on certain criteria."