Proposed EU procurement reform aims to simplify rules, prioritise quality and strengthen safeguards.
In September 2026, the European Commission proposed a new Regulation bringing public procurement and concessions together in a single act. The draft would repeal Directives 2014/23/EU, 2014/24/EU and 2014/25/EU and amend a number of sector-specific acts. The proposal is based on findings by the European Court of Auditors and the Commission’s assessment of the current rules. According to these sources competition is declining, more procedures receive only one tender, and participation by small and medium-sized enterprises and foreign bidders is limited. Contracts are also still mainly awarded on the basis of the lowest price alone, while e-procurement systems remain fragmented. These and other concerns underpin the proposal for a new, unified framework.
The draft Regulation is currently available only in English.
1. A single, directly applicable regulation. One regulation would replace the three directives, eliminating the need to transpose it into national law and any “gold-plating” (additional national requirements). National law would only cover matters that the regulation expressly leaves to Member States.
2. Concessions and industry-specific contractors in a single act. The rules on concessions would be included in the regulation and aligned with public procurement rules, while retaining some specific provisions. Contractors operating in the water, energy, transport and postal services sectors would remain subject to public procurement rules. They could, however, be exempted where their activities are directly exposed to competition in markets with unrestricted access.
3. New procedures. The current range of procedures would be replaced by an open and dynamic procedure, in which operators first join and are later invited to submit tenders; Negotiations would be allowed in all procedures, subject to safeguards for transparency and non-discrimination.
4. Simpler selection requirements. Market consultations would be encouraged and selection criteria would have to be proportionate. Restrictions would apply to both excessive turnover requirements and unjustified demands for previous experience in the public sector.
5. Quality-based contract awards. The best quality-to-price ratio would become the main basis for awarding contracts under the “comply or explain” approach.
6. Separate chapters would cover strategic procurement:
7. Security. Contractors could consider security risks relating to critical infrastructure, cybersecurity, harmful dependencies and undue influence by third countries. In some cases, they would be required to do so. They could also terminate contracts or exclude operators during contract performance on security grounds.
8. Access by third countries. Contractors could restrict participation, set minimum requirements for EU origin or give preference when evaluating tenders. The Commission could exclude operators that are not covered from specific procedures. As a rule, European preference would be voluntary, but the Commission could make it mandatory through delegated acts.
9. Grounds for exclusion. Grounds for exclusion that are currently spread across sector-specific acts would be brought together in the regulation.
10. A single European information system. The proposal would establish a single European information system for public procurement, making it easier for participants to bid for contracts in different Member States.
11. Outside the scope. Defence procurement under Directive 2009/81/EC would not be covered. Research and development services would also be excluded and would instead fall under the proposed European Innovation Act.
The new act is still only a legislative proposal and has yet to be discussed by the European Parliament and the Council. If adopted in its proposed form, it would apply two years after entering into force.
Negotiations are unlikely to conclude before the end of 2027, so the regulation is not expected to enter into force before 2028. The existing national public procurement rules will continue to apply until then.
