2.10.2025

United Nations International Procurement Seminar

France, Italy, Austria and Switzerland will host an IPS so that companies can gain an accurate and in-depth understanding of the business opportunities offered by the United Nations. The IPS will be held in Geneva, at the Palais des Nations, on 19 and 20 November.

Our goal is to have all agency presentations during a webinar in early November so that during the IPS we can focus on in-depth sessions, workshops and one-on-one meetings. We believe that both UN buyers and suppliers from consortium countries will benefit from meeting in person.

https://www.legacoop.coop/seminario-internazionale-sul-procurement-delle-nazioni-unite-ips-2025/

https://www.ungm.org/Shared/KnowledgeCenter/Pages/IPS39_11_19_2025_to_11_20_2025

https://www.ungm.org/

 

 

24.09.2025

Accounting for over 14% of GDP, EU public procurement could create a huge market for innovative products and services, but its potential in this area remains underutilised. The European Commission aims to improve public procurement practices, promote the demand of innovative goods, services and works in Europe, and foster the uptake of innovation in the EU. This will allow the integration of public demand into the innovation ecosystem and foster economic recovery.

 

 

23.09.2025

Enlargement and European Neighborhood Policy

https://single-market-economy.ec.europa.eu/single-market/public-procurement/international-public-procurement_en

 

 

Page contents

https://single-market-economy.ec.europa.eu/single-market/public-procurement/international-public-procurement/statistics-eu-public-procurement-covered-gpa-2023-onwards_en

 

 

15.09.2025

 

https://single-market-economy.ec.europa.eu/single-market/public-procurement/foreign-subsidies-regulation_en

 

 

18.08.2025

PPE+ 2025 training to begin in September

Following an extensive application process, PPE+ Europe 2025 has selected 44 public procurement professionals from 21 European countries for its second training programme aiming to support public buyers to get better value for public spending. The selected participants will begin their training on 15 September in Vienna.

Participants will gain in-depth insights into the Public Procurement Excellence Programme, learning directly from leading experts and practitioners. The training combines cutting-edge theory with hands-on practice and offers a platform for valuable exchange within the European procurement community.

The relevance and excellence of the program is underlined by the overwhelming amount of applications received this year. Participants will have more opportunities to join this training programme that will also take place in 2026 and 2027. More information about the 2024 edition can be found here. More information about the full training programme of the 2025 training can be found here.

https://public-buyers-community.ec.europa.eu/communities/ppe-europe-2024-2028/news/ppe-2025-training-begin-september

 

 

12.08.2025

Commission launches review of Foreign Subsidies Regulation

Quote(s)

 The first review report will be due in July 2026, three years after the Foreign Subsidies Regulation started applying. It will be an opportunity to take stock of the implementation and enforcement of the Regulation so far, and to envisage possible improvements. With today’s public consultation and call for evidence, Member States and stakeholders can submit their views and help the Commission review its FSR practice, so that it can best address distortions caused by foreign subsidies in the internal market, while minimising the regulatory burden.

 Public procurement accounts for roughly 15% of the EU’s gross national product. Given the scale of this figure, Europeans expect that the selection process is fair and not distorted by subsidies coming from third countries.. However, monitoring of this objective should be as unbureaucratic and transparent as possible. I invite you, as a stakeholder, to take advantage of this opportunity to submit your comments regarding the complexity of the rules, the costs incurred as a result and to share your ideas for a possible simplification.

https://ec.europa.eu/commission/presscorner/detail/en/ip_25_1954

 

 

01.07.2025

OECD Public Procurement Forum 2025

In a tight fiscal environment, governments are expected to use their resources increasingly efficiently and effectively. Public procurement represents an average of 13% of GDP in OECD countries and makes government the primary buyer in sectors such as construction, health and education. Public procurement has modernised significantly in recent years, but much more can be expected from governments in this area.

The Global Public Procurement Forum aims at reviewing cutting edge public procurement practices across the world to ensure that public procurement is best used to achieve desired economic and social outcomes, while delivering substantial savings.

https://www.oecd.org/en/events/2025/07/2025-global-public-procurement-forum.html

 

 

27.06.2025

 

https://public-buyers-community.ec.europa.eu/news/new-tool-supports-public-procurement-decisions

 

 

27.06.2025

On 19 June, the European Commission adopted a measure under the International Procurement Instrument (IPI) excluding Chinese companies from EU public procurement purchases of medical devices for contracts of a value equal to or exceeding €5 million. This first measure adopted under the IPI seeks to level the playing field for EU firms, as well as to incentivise China to cease its discrimination against EU firms and EU-made medical devices. The Commission remains committed to dialogue with the Chinese authorities. For more information, you can read the Commission press release on the matter, and the Commission Implementing Regulation 2025/1197 of 19 June 2025.

 

 

20.6.2025

Commission restricts Chinese participation in medical devices procurement

Quote(s)

 Our aim with these measures is to level the playing field for EU businesses. We remain committed to dialogue with China to resolve these issues.

Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_25_1569

https://public-buyers-community.ec.europa.eu/communities/procurement-ai/news/translations-eu-ai-model-contractual-clauses-now-available-24

 

 

22.05.2025

The Stakeholder Expert Group on Public Procurement (SEGPP) has been recently renewed to provide high quality insight and expertise to the Commission and assist it in its work on the evaluation and revision of the EU 2014 public procurement directives in order to modernise and simplify the legislative framework, while ensuring resilience of the EU economy and its continuous greening.

Source: https://public-buyers-community.ec.europa.eu/news/towards-simpler-greener-stronger-procurement-inside-segpp

 

 

21.05.2025

EU Ecolabel shows the way to green procurement of paper products

Public buyers can make a step towards green procurement of paper products. The two newly released Practical guides for the use of the EU Ecolabel in the green public procurement of graphic paper, and of tissue paper and tissue products are here to help.

A third set of practical guidelines is also on the horizon, this time focusing on printed paper, stationery, and printed paper carrier bags.

Public procurement: a staple in the paper market

Despite digitalisation, public sector entities still much rely on paper for official records, legal documentation, and communication. In parallel, tissue paper products such as toilet paper, paper towels and facial tissues are indispensable in the daily operations of public facilities, making their sustainable procurement important.

By choosing responsibly sourced, sustainably produced and recycled paper, public buyers can make a tangible contribution to the green transition by helping to reduce deforestation, minimise waste, and promote resource efficiency – all without necessarily increasing their expenditure.

Why choose the EU Ecolabel?

The use of the EU Ecolabel – the official EU voluntary label for environmental excellence, with over 102.000 certified products across 25 products categories, in public procurement offers clear environmental, administrative and potential economic benefits.

Environmental: EU Ecolabel criteria are scientifically based, legally established and are third-party verified. They are developed through research and extensive stakeholder consultation. Criteria are regularly updated to reflect evolving environmental priorities and technological progress. With the EU Ecolabel certification, products are guaranteed best-in-class in terms of environmental performance, without compromising on performance!

Administrative: The EU Ecolabel helps streamlining public procurement procedures as public buyers can either simply require goods and services to be EU Ecolabel certified, or they can reference specifically identified EU Ecolabel criteria in the technical specifications and/or award criteria tender calls. Both options reduce verification efforts, as EU Ecolabel certified products – which have already been independently assessed against stringent requirements – already meet strict environmental standards.

Economic:  The EU Ecolabel also supports cost-effective procurement by offering access to competitively priced goods and services, while helping contracting authorities to meet sustainability objectives without compromising on quality and on value for money.

New Practical Guides to help procurers

Designed to make green procurement more straightforward, the newly released Practical Guides on graphic paper and on tissue paper and tissue products clearly identify the most relevant and appropriate EU Ecolabel criteria that can be used when drafting technical specifications and award criteria in tendering processes.  Recommended criteria include fibre sourcing, pulp bleaching, emissions to air and water, and energy consumption.

EU Ecolabel products successfully streamlined in green procurement practices

Several public administrations have successfully used the EU Ecolabel in their procurement processes for paper products.

The Slovenian Ministry of Public Administration has developed their own guidelines to facilitate public authorities in requiring Type 1 ecolabels, such as the EU Ecolabel when procuring stationary paper products. The guidelines stipulate that paper must be sourced from sustainably managed forests or recycled fibres, with verification through a Type I ecolabel. Bidders can demonstrate compliance using certifications such as the EU Ecolabel. These guidelines now support 180 public bodies in Slovenia in procuring eco-friendly paper more efficiently.

The Government of Flanders included sustainability criteria into its framework agreement for stationary supplies, including requirements aligning with the EU Ecolabel for paper.  Suppliers were mandated to offer only recycled or sustainably sourced paper, ensuring compliance with recognised ecolabel certifications such as the EU Ecolabel. The goal is for at least 50% of office supplies to be sustainable; in practice, 75.34% of purchased paper products meet sustainability criteria. This initiative demonstrated the importance of ecolabels in public procurement, driving the adoption of environmentally friendly office supplies across government agencies.

Leaf through the Practical Guides for paper products

With the new EU Ecolabel Practical Guides, all Member States can now green their public procurement for paper!  Make your procurement green today, download the guides, use the EU Ecolabel criteria, and share this valuable resource with your networks!

Don’t miss the webinar on the benefits of using the EU Ecolabel in green procurement on the 10 October morning.

Find EU Ecolabel certified products the ECAT catalogue, look for  more tips on the Green Procurement page and follow us on LinkedIn to stay updated on the latest EU Ecolabel developments!

https://environment.ec.europa.eu/news/new-practical-guides-eu-ecolabel-shows-way-green-procurement-paper-products-2025-05-21_en

 

 

21.05.2025

The European Commission has released a dedicated Questions and Answers document offering key clarifications on the implications of the CJEU rulings in cases Kolin (C-652/22) and Qingdao (C-266/22). This guidance is intended to help assist public buyers in navigating the legal and procedural implications of the rulings, and is available on the website of the Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs.

Q&A: Participation in the EU procurement market of bidders from non-covered third countries (cases C-652/22, Kolin, and C-266/22, Qingdao)

Description

1.3. What if there is no reciprocity in practice in certain cases with third countries that have signed an agreement with the EU? Should a contracting authority exclude such bidders also?

If a given procurement procedure is covered by the Union’s international commitments, contracting authorities / entities do not need to assess if access to the third country procurement market has been granted in a reciprocal and equal manner. Concerning reciprocity and equality of market access, economic operators from a third country with which the EU has international commitments (a party to the GPA or to a bilateral agreement with procurement commitments) have secured access to the EU procurement market to the extent of the commitments undertaken by the Union in those agreements.

1.4. Can the Kolin judgment be applied also to goods and services originating in non-covered countries? Do contracting authorities have a similar margin of discretion to reject tenders if the tenderer offers goods from non-covered countries?

The Kolin judgment deals only with the question of access by economic operators from non-covered countries and remains silent in relation to access for goods (or services) that originate in non-covered countries and are not governed by the Union’s international commitments.

Article 85 of the Utilities Directive 2014/25/EU establishes rules for the award of a supply contract consisting also of products originating in non-covered countries. This article provides that tenders submitted for the award of a supply contract may be rejected where the proportion of the products originating in non-covered countries exceeds 50 % of the total value of the products constituting the tender. In addition, if two or more tenders are equivalent (up to 3% price difference being considered equivalent), preference should be given to tenders that may not be rejected.

1.5. Is it correct to interpret this judgment as not affecting procedures below EU thresholds?

The EU’s common commercial policy, which is at the core of the Court’s reasoning, is not subject to any threshold or the existence of a cross-border interest, unlike the freedoms of the internal market, which are the basis of the public procurement directives and apply only above certain thresholds. Therefore, the principles of the Kolin judgment apply to any public procurement procedure, independently of EU thresholds and the value of the tender.

2. CONSORTIA / SUB-CONTRACTORS / COMPANIES PROVIDING CAPACITY

2.1. How to interpret the judgment regarding members of consortia?

The Kolin judgment does not pronounce in an explicit manner on consortia or members of consortia from non-covered countries that submit tenders in EU procurement procedures. It is therefore up to each contracting authority / entity to decide on a case-by case basis whether to admit the participation of economic operators from non covered countries in a specific procurement procedure, either in their own capacity or as members of consortia.

In this respect, Article 3 of the International Procurement Instrument Regulation* (‘IPI’) and point 1 of the IPI Guidelines*, which refers to the determination of the origin of economic operators for the purposes of the application of that Regulation, may be used as an inspiration for determining the origin of economic operators. When allowing participation of consortia, or members of consortia from non covered third countries, contracting authorities / entities may adjust the evaluation results arising from a comparison between the tenders submitted by such consortia and those submitted by other tenderers.

* Regulation (EU) 2022/1031 of the European Parliament and of the Council of 23 june 2022 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets and procedures supporting negotiations on access of Union economic operators, goods and services to the public procurement and concession markets of third countries (International Procurement Instrument – IPI)

* Guidelines to facilitate the application of the IPI Regulation by contracting authorities and contracting entities and by economic operators’ (2023/C 64/04)

2.2. How should the ruling be interpreted regarding subcontractors and companies, whose capacities the tenderer relies on? 

The Kolin judgment does not pronounce in an explicit manner on subcontractors, or the use of the capacities of economic operators from non-covered countries, in EU procurement procedures. It is up to each contracting authority / entity to decide on a case-by-case basis whether to admit or not tenders proposing sub-contractors from non-covered countries in a specific procurement procedure. It is also up to each contracting authority / entity to decide to accept tenders relying on the capacities of companies from non-covered third countries.

2.3. Is Article 9 of classical Directive 2014/24/EU (and its equivalents in other Directives) affected/repealed? 

Article 9 of Directive 2014/24/EU (and equivalent in other Directives) does not concern access by third country economic operators to public procurement covered by the EU directives on public procurement. It is therefore not affected
by the Kolin judgment.

3. LEGISLATING ON ACCESS / TREATMENT

3.1. How should point 62 of the Kolin judgment be interpreted? Does the national legislation need to be amended following the Kolin judgment, or is this completely prohibited due to EU exclusive competence?

To the extent that the national legislation of a Member State contains provisions concerning access, or lack thereof, to public procurement within the EU for economic operators from non-covered countries, that legislation should be amended as appropriate to take the judgment into account. This is because such provisions were adopted in disregard of the EU’s exclusive competence on this matter.

In the meantime, those national provisions – adopted in breach of EU exclusive competence – cannot be applied. It is incumbent on the contracting authority to decide whether to accept or exclude economic operators from non-covered
countries (see point 64 of Case C-266/22, Qingdao).

3.2. Should specific national rules be introduced for the legal protection of economic operators from non-covered countries? Can we draw some inspiration from Article 10 of the IPI Regulation, or is this not possible
according to the judgment? 

As confirmed by the Court in point 62 of the Kolin judgment, Member States cannot legislate or adopt legally binding acts of general application concerning access to the EU public procurement market by operators from non-covered third countries. Domestic legislation ensuring the legal protection of economic operators having or having had an interest in obtaining a particular contract, as stated in Article 10 of the IPI Regulation, may apply to operators from non-covered countries, provided that it does not build in the principles and rules laid down by Directives 89/665/EEC and 92/13/EEC. As stated by the Court in para 66 of Kolin, any remedies available to operators from non-covered third
countries are solely within the remit of national law.

3.3. When conducting a public procurement procedure, could a contracting authority (e.g. a Ministry) be seen as a ‘national authority’ that, in line with the Kolin judgment, is not empowered to take decisions concerning access by economic operators from non-covered countries? 

In the Kolin judgment the Court ruled that Member States, including any national authority that has the power to adopt acts of general application, cannot adopt any acts of general application specifically intended to determine arrangements under which economic operators from non-covered countries may participate in PP procedures in the EU.

In contrast, when a Ministry conducts a public procurement procedure to purchase goods or services, it acts as a contracting authority in a single procurement procedure.

4. WHAT SHOULD GUIDE THE CONTRACTING AUTHORITIES / ENTITIES’ DECISION

4.1. What should guide the contracting authority in its decision regarding participation and the terms of participation? What criteria or legal basis should this decision be based upon?
And who decides upon these criteria? May Member States decide that contracting authorities must base their decision to allow or deny an economic operator market access on certain criteria, such as ensuring fair competition?
And if not, who then decides what the contracting authorities should base their decisions upon? 

As confirmed by the Court in the Kolin judgment, any matter or condition related to access by economic operators from non-covered countries to the EU public procurement market falls within the EU’s common commercial policy, which is an exclusive competence of the Union. Therefore, it is only the Union that may legislate or adopt other acts of general application in this respect, unless it decides to empower Member States to do so. The Union has not empowered Member States in this respect. Consequently, Member States cannot legislate / adopt legally binding acts of general application concerning access by, and treatment of, operators from non-covered countries in the EU public procurement market. In the absence of acts adopted by the Union, it is for each contracting authority / entity to decide whether economic operators of a non-covered country should be admitted or not to a public procurement procedure and as regards the criteria for that decision.

4.2. Should the decision of the contracting authority be made on a case-by-case basis, always considering the specifics of the contract and the economic operator? Or can the contracting authority, for example, make internal guidelines for their decisions? Could the contracting authority, for example, decide to always exclude economic operators from all third countries or certain third countries? This would not constitute national legislation, but just an internal policy for that specific contracting authority.

Member States authorities cannot adopt any rule of general application regarding the treatment or legal protection of economic operators from non covered countries, or any other matter or condition related to access by economic operators from non-covered countries to the EU public procurement market.

Individual contracting authorities may take decisions as regards their own procurement procedures concerning access by non-covered economic operators, either on a case-by-case basis, or following a non-binding uniform approach.

5. TREATMENT OF BIDDERS FROM A THIRD COUNTRY WHERE THE CA/CE DECIDED TO ACCEPT THEM 

5.1. May a contracting authority apply the same tender conditions to suppliers covered and not covered by EU international agreements when it decides to give access to a procurement procedure for both? 

Yes, the Court acknowledged at para 63 of the Qingdao judgment that this is permissible, as long as this occurs on the basis of national law, not Union law or transposition thereof. Indeed, there is no EU legal basis that ensures no less
favourable treatment for economic operators from third countries which have not concluded an international agreement with the EU, or which guarantees access for their economic operators to public procurement in the Union.

The contracting authority may decide nevertheless to apply the same conditions to tenders from non-covered third countries and treat them no less favourably than the tenders submitted by economic operators from EU / covered countries.

However, economic operators from non-covered countries do not enjoy a right of redress under the national legislation transposing the EU legislation (paragraph 66 of the Qingdao judgment).

5.2. Does Union law prevent a contracting authority from treating a tenderer from a non-covered country less favourably even if this was not provided for in the tender documents? 

Union public procurement law does not presently cover such third country economic operators. The only legal constraints concerning their treatment stem from national legislation that is not transposing EU law.

5.3. Should a contracting authority’s decision to allow or prohibit participation of suppliers not covered by EU international agreements be clearly indicated in the procurement documents, including a description of which conditions apply equally, and which differ?

Contracting authorities may indicate in advance in the tender documents their decision to accept or not participation of non-covered third country economic operators and, if they admit them, the arrangements applicable to their tenders.
They may also decide not to make this known in advance. In the absence of any reference to this matter in the contract notice / tender specifications, the contracting authority / entity still has the possibility to accept or to reject a
tender from an economic operator from a non-covered country at any moment
during the procurement process.

5.4. If a buyer allows the participation of economic operators from non-covered
countries in procurement, in what way can the buyer adjust the procurement results? Is it optional or mandatory? Should the buyer follow certain rules while adjusting the procurement results, and if so, which ones? May contracting authorities apply the provisions of IPI regarding the ‘adjustment of points’ as per Article 2, paragraph 1, item d) in the procurement documentation?

As stated in point 63 of the Kolin judgment, if the contracting authority/entity admits such economic operators in a specific public procurement procedure, it is for that authority/entity to decide “whether provision should be made for an
adjustment of the result arising from a comparison between the tenders submitted by those operators and those submitted by other operators”.
In doing so, it could take inspiration from the rules under the second subparagraph of Article 6(8) of Regulation (EU) 2022/1031 related to the International Procurement Instrument (IPI), or decide to apply any adjustment mechanism it may consider appropriate for a specific public procurement procedure.

If the contracting authority / entity accepts the participation of economic operators from non-covered countries in a procurement procedure, it may specify in the individual tendering documents the adjustment mechanism it may
decide to use.

6. RIGHTS OF OPERATORS FROM NON-COVERED COUNTRIES

Are operators from non-covered countries permitted to invoke national
provisions based on EU public procurement law in an appeal procedure? If not, how can legal remedies be ensured?

National authorities cannot interpret the national provisions transposing EU public procurement law as also applying to economic operators from non covered countries (see point 65 of the Kolin judgment). An action by those operators claiming that the contracting authority / entity has infringed certain requirements can be examined only in the light of national law and not of EU law (see point 66 of the Kolin judgment and point 66 of the Qingdao judgment).

6.2. How should we interpret certain requirements, such as transparency and proportionality, and infringements of such principles in the scope of only national law?

Economic operators from non-covered countries do not enjoy any rights deriving from EU public procurement law, including requirements for transparency and proportionality enshrined in EU law and transposed into the national legal order.
It is open to competent national authorities to identify other national provisions (not transposing EU public procurement law) on which such economic operators might rely.

6.3. Could national contract law (for example, rules on “culpa in contrahendo” as interpreted by national civil courts) be considered such a “national law”? However, if this national law grants economic operators from 3rd countries legal standing and in this way grants them (an enforceable) “access” to a procurement procedure – would this be in line with the Kolin judgment (because it would not be a specific procurement provision)? 

It is for the competent national authorities to identify other national provisions (not transposing EU public procurement law) on which such economic operators may rely.

National contract law cannot provide access to participate in a procurement procedure, as giving such access is a decision to be taken by the relevant contracting authority/entity. However, it might, in some cases, provide access
to a national civil or administrative legal remedy that does not constitute transposition of the EU public procurement directives.

6.4. How should compliance with the rule of law principle be ensured?

Contracting authorities/ entities may base themselves on national legislation that does not transpose EU law.

6.5. In the light of the ECHR, Member States must grant access to courts in “civil matters” (procurement falls within the scope of Article 6 ECHR). What should Member States do to fulfil this obligation, if operators from third countries are to be excluded and cannot rely on the EU Remedies Directive? Would national law granting them access to courts be considered incompatible with Union Law (exclusive competence)? 

Nothing in the Kolin judgment relates to access to justice or to the right to a fair trial. Rather, the judgment concerns only the substantive rights of access to procurement procedures and remedies that economic operators may enjoy
exclusively as a matter of national law.

Economic operators from non-covered countries do not enjoy rights deriving from EU public procurement law, and in particular the remedies system based on the provisions of Directive 89/665/EEC and Directive 92/13/EEC, as amended by Directive 2007/66/EC and Directive 2014/23/EU, and transposed into national law. National review bodies may identify other national provisions that may apply in such cases. Accordingly, any possible issue of compliance with the ECHR would concern national law only and would be unrelated to any instance of implementation of EU law by a Member State.

Source: https://public-buyers-community.ec.europa.eu/resources/qa-participation-eu-procurement-market-bidders-non-covered-third-countries-cases-c-65222

 

18.06.2025

Commission refers GERMANY to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives

Today, the European Commission has decided to refer Germany to the Court of Justice of the European Union for incorrect transposition of the EU public procurement Directives (Directive 2014/24/EU and Directive 2014/23/EU).

First, the Commission considers that German law does not require from contracting authorities that they provide detailed information to tenderers after the conclusion of the contract to trigger the start of the shortened period for access to review. This makes it difficult for bidders to decide whether and by when to launch a review.

Secondly, the definition of ‘contracting entity’ in German law lacks clarity, complicating the selection of the appropriate tendering procedures.

Thirdly, German law does not require contracting entities in the postal sector to apply public procurement rules.

The Commission sent a first letter of formal notice in January 2019, followed by an additional letter of formal notice in July 2019 and a reasoned opinion in July 2021.

Despite some of the identified grievances having been resolved, the Commission considers that efforts by the authorities have, to date, been insufficient and is therefore referring Germany to the Court of Justice of the European Union.

Background

Public procurement rules allow businesses to apply for access to public contracts and allow public authorities to find the best value for money when they decide to procure goods, services or works. Competition in the market allows for responsible spending of public money. The provision on postal services ensures that contracting entities carrying out postal activities implement public procurement procedures if they fulfil the relevant conditions. In July 2021, the Commission issued a reasoned opinion identifying several provisions in the German law that do not comply with the directives.

The Commission has been in regular contact with German authorities. While some issues raised—such as the method for calculating the value of architectural service contracts—have been addressed, three out of the eight concerns outlined in the reasoned opinion remain unresolved. These unresolved issues continue to restrict both the scope of application and access to review procedures.

For More Information

EU infringement procedure

Infringement decisions database and infringements map and graphs

June 2025 infringement package

Infringement procedure Germany (INFR(2018)2272)

Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_25_1500

 

 

Commission calls on SLOVENIA to comply with public procurement rules
The European Commission decided to open an infringement procedure by sending a letter of formal notice to Slovenia (INFR(2025)4011) for failing to comply with European public procurement rules. Directive 2014/24/EU on public procurement establishes the procedures for award of public contracts by Member States’ authorities. The Directive provides for a few exceptions where national authorities are not required to follow these procedures. An amendment of the Slovenian Pharmacy Act exempts public pharmacy institutes from carrying out public procurement procedures for the purchase of medicines. The Commission considers that this exemption contravenes the obligations of the Directive. The Commission is therefore sending a letter of formal notice to Slovenia, which now has two months to respond and address the shortcomings raised by the Commission. In the absence of a satisfactory response, the Commission may decide to issue a reasoned opinion.

Source:

 

18.05.2025

Europe and Australia commit to Security and Defence Partnership

European Commission President Ursula von der Leyen and European Council President Antonio Costa met Prime Minister Anthony Albanese today and agreed to start negotiations on a Security and Defence Partnership (SDP) at the G7 Leaders’ Summit in Alberta, Canada.

The Partnership will provide a framework for current and future cooperation including in areas such as defence industry, cyber and counter-terrorism. Existing SDPs the EU has with other countries include cooperation on cyber, countering hybrid threats, maritime security, non-proliferation and disarmament, space and economic security.

A Security and Defence Partnership (SDP) aims to strengthen cooperation on global security challenges. It does not have military deployment obligations.

Discussions on an SDP with the EU and renewed engagement to conclude an Australia-EU Free Trade Agreement, demonstrate strong momentum in the Australian – Europe relationship.

Negotiation of an SDP will remain separate to efforts to conclude an Australia-EU Free Trade Agreement that we are focussed on taking forward in Australia’s national interest.

Quotes attributable to Prime Minister Albanese:

“I am pleased to announce we’re stepping up our cooperation with the European Union today.

“We see how deeply connected Europe’s security and the Indo-Pacific region have become.

“I very much welcome the EU’s offer for a Security and Defence Partnership and Australia will warmly take it up and commence work immediately.

“This will open the door to joint defence procurement opportunities and will benefit both our industries and our security.

“At a time of global uncertainty, it is our collective responsibility to work together to uphold peace, security and economic prosperity.

“That is what I will continue to do every day and that has been a key take out of our work here at the G7 today.”

Quotes attributable to President of the European Commission, Ursula von der Leyen:

“In a time of rising tensions and strategic competition, trusted partners must stand together.

“Europe and Australia’s enduring friendship enters a new chapter today.

“Recognising the shared security of Europe and the Indo-Pacific, we are launching talks on a Security and Defence Partnership.

“We’re also committed to advancing free trade negotiations—because economic security matters too.”

Quotes attributable to President of the European Council, Antonio Costa:

“Australia is an important partner for the European Union.

“We share the same values and a strong commitment to multilateralism and the rules-based global order.

“Europe’s and the Indo-Pacific’s regions are connected.

“Opening negotiations on a Security and Defence Partnership opens new opportunities to further strengthen our cooperation.”

Source: https://ec.europa.eu/commission/presscorner/detail/en/statement_25_1553

 

 

Key legal aspects of Public Procurement of Innovation (PPI) tenders

Designing a successful PPI tender can be challenging. Discover the key legal considerations to ensure transparency, fair competition and the right balance to foster innovation.

Procure Innovation EU

 

 

Top takeaways from the third EU Building Information Modelling (BIM) meeting

The EU BIM Public Officials Group held its third meeting on 24–25 April in Warsaw, bringing together experts to exchange knowledge and best practices. Discover the key insights and materials shared at the event.

 

 

15.05.2025

Driving change with the Zero-Emission Bus Systems and Services community

The Zero-Emission Bus Systems and Services community of practice connects public buyers, experts and operators to share knowledge and tackle challenges together. Become a member to access expert advice, resources and events that support cleaner bus fleets across Europe.

 

 

Greener paper procurement with EU Ecolabel guidance

Discover the new EU Ecolabel practical guides for paper products, designed to support green public procurement. These guides help public buyers choose certified sustainable paper, reducing environmental impact while ensuring cost-effectiveness.

 

Human-centred social procurement in action

Human-centred approaches are reinforcing social responsibility in public procurement. Examples from Finnish enterprises and foundations show how dialogue and practical initiatives foster fairer, more effective collaboration.

 

 

Powering the green shift: inside Oslo’s Big Buyers Working Together (BBWT) Procurement Hackathon

How can public procurement drive real change in the green transition? Innovators, policymakers and public buyers gathered in Oslo for the first BBWT Hackathon – two days of collaboration, creativity and fresh ideas.

Oslo, May 2025 — In a landmark gathering of public procurement experts and innovators, the first BBWT Hackathon on charging infrastructure wrapped up this week in Oslo, hosted by the City Council of Oslo and facilitated by Comte Bureau. Over two days, representatives from public authorities across Europe came together to confront some of the most pressing barriers to the green transition and to reimagine what public procurement can achieve.

From electrified construction sites to shared procurement risks, participants tackled real-world problems with bold ideas and a collaborative mindset. Discussions revealed both technical and institutional challenges, including limited energy capacity, winter-specific infrastructure needs, and fragmented procurement practices.

But the event wasn’t just about problems—it was mainly about possibilities. Teams pitched forward-looking concepts like an AI-powered procurement tool, a “tender tinder” board game to help match suppliers and buyers, and a market academy to bridge knowledge gaps between stakeholders. A recurring theme was the need for shared learning, honesty about failure, and experimentation.

Participants also explored Oslo’s cutting-edge infrastructure in a walking tour featuring joint-use charging stations for both heavy-duty vehicles and maritime transport. LEGO bricks even made an appearance, reminding everyone that strong foundations—literal and figurative—are key to building scalable solutions.

The hackathon marked the start of a broader series under the BBWT initiative, dedicated to accelerating sustainable innovation through public buying power. With contributions from across Europe and a strong emphasis on collective progress, this first edition set the tone for future collaboration.

 

 

Using reserved contracts to boost social impact in public procurement

Join the EU GPP Helpdesk webinar on 11 June to learn how reserved contracts can support your organisation’s social and sustainability goals. Gain expert insights and real-life examples of how public procurement can drive social impact.

EU GPP Helpdesk Webinar: Reserved contracts and sustainable public procurement

On 11 June 2025, from 10.00 to 11.30am CEST, a webinar will take place addressing the topic of reserved contract and sustainable public procurement. This event will be held in the framework of the EU GPP Helpdesk.

Reserved contracts are one of means that help integrate social objectives in public procurement.

According to Art. 20 of the EU Public Procurement Directive 2014/24/EU, ‘Member States may reserve the right to participate in public procurement procedures to sheltered workshops and economic operators whose main aim is the social and professional integration of disabled or disadvantaged persons or may provide for such contracts to be performed in the context of sheltered employment programmes, provided that at least 30% of the employees of those workshops, economic operators or programmes are disabled or disadvantaged workers. Moreover, Art 77 of the 2014/24/EU Directive states that “Member States may provide that contracting authorities may reserve the right for organisations to participate in procedures for the award of public contracts” for certain health, social and cultural services and under certain conditions. In this way, it is possible to value the provision of these services which in some Member States represent a long tradition and a feature of the welfare system. Similar provisions are included in the Utilities Directive 2024/25.

The webinar will explore how reserved contracts can help public buyers achieve their social objectives. It will also provide concrete examples and tips on how contracting authorities can use reserved contracts to implement their SRPP strategies and plans.

Draft agenda:

10:00  Welcome and introduction Marta Toporek, Legal and Policy Officer, European Commission

10:15  Challenges and opportunities related to use of reserved contracts as a tool for social integration Kewan Mildred, Senior Policy Officer, Eurodiaconia

10:30 Supporting contracting authorities in the use of reserved contracts: good practices from the WeBuySocialEU Project Mathias Maucher, Senior Public Procurement Expert, AEIDL, and Dorotea Daniele, Senior Expert in Social Economy and Social Entrepreneurship, DIESIS

10:45 Reserved contracts as a tool to achieve social policy objectives: the experience of Ille-et-Villaine Jean-Paul Guidoni Departmental Councillor in charge of responsible public procurement, France

11:00 Q&A session

11:20 Concluding remarks Alice Sinigaglia, Senior Social Policy Expert, AEIDL

 

Webinar for sustainability and procurement professionals

Discover how the CO₂ Performance Ladder is helping organisations make greener procurement choices. Join our upcoming webinar on 24 June to explore practical ways to reduce carbon emissions across your supply chain.

https://public-buyers-community.ec.europa.eu/communities/co2-performance-ladder-europe/events/stepping-sustainable-procurement-co2-performance

 

Innovation starts with smarter spending

Learn how governments can use public procurement to drive innovation in our webinar on 26 June. Featuring Bruno Monteiro, the session presents strategies to boost service delivery, support SMEs and overcome key policy barriers.

 

 

Co-publishing Space (CPS) survey webinar recap

Missed the 21 May webinar on the CPS survey? Watch the recording and share your views to help shape a future EU-wide innovation procurement platform.

 

08.05.2025

Big Buyers Healthcare Needathon on 20th of May in Madrid

30.04.2025

We are excited to invite you to our upcoming webinar on the 21 May 2025 focused on the Co-Publishing Space (CPS) — one more core element of the Innovation Procurement Hubs Programme designed to support cross-border collaboration and knowledge-sharing across the European Economic Area.

Following the format of our previous webinar on the Ecosystem Mapping Survey, this webinar will introduce a new survey aimed at understanding your needs and priorities regarding use cases and features/functionalities for a potential future EU-wide CPS.

🔍 What to expect:

• A clear explanation of the survey’s goals and structure
• A live, step-by-step walkthrough of the survey
• How your contribution supports real change in EU innovation procurement

Source: EU Commission website

 

24.04.2025

Templates for digital and ICT solutions from the Living-in.eu community

Discover and have your say: digitalisation procurement templates from the Living-in.eu community

Living-in.eu is a movement bringing together urban and regional authorities to promote the digital transformation of local governments in accordance with EU principles and values. With the support of the European Commission, Living-in.eu offers an opportunity for local authorities to work together on topics such as the legal aspects of digitalisation, access to financing, the development of standards and technical guidelines, and capacity building. The community also benefits from a catalogue of tools developed in a series of complementary projects, also funded directly by the Commission.

Among these tools is a set of procurement templates for the purchase of digital and ICT solutions; the documents, provided in an editable and customisable format, represent a useful starting point for procurement experts working on the following topics: data & security user-facing applications​; cloud storage, computing, and cloud connection services; public Wi-Fi​; user-facing platform​s; on-premises computing and storage​; software development services​; IoT platforms and devices; and back-end data software applications​.

The templates can be accessed for free by all interested public buyers on the Living-in.EU catalogue. Each template package comprises tender specifications, technical specifications, and a pricelist for the financial offer. The templates are currently available in English, with French and German versions to be added in the coming months.

In addition, a feedback form is available for each template. Public authorities can provide their input on the documents’ general usefulness from both the technical and legal perspectives, as well as on their relevance and applicability to their procurement processes. The feedback forms are currently open for input on a rolling basis.

Find the templates on the relevant resource: Digitalisation procurement templates from the Living-in.EU community | Public Buyers Community

Source: EU Commission website ( https://public-buyers-community.ec.europa.eu/news/discover-and-have-your-say-templates-digital-and-ict-solutions-living-ineu-community & https://ec.europa.eu/newsroom/growth/redirection/item/881832/en/2738?no-intermediate-page=1 )

 

24.04.2025

EU collaboration helps public buyers drive towards a social, innovative and sustainable Europe

“Europe is growing as an innovative social and diverse community and public procurement can steer into a more sustainable, inclusive and beautiful future! I believe the challenge is to assure equality, transparency and access as well as creativity and flexibility” 

These words by Rita Campos, Municipality of Horta (Portugal) embodied the collaborative spirit of the second Big Buyers Working Together annual event, taking place in Helsinki on 24 and 25 March.

Campos represented the Community of Practice on New European Bauhaus in a panel discussion on how public buyers can drive a more sustainable, social and innovative Europe. She was joined on stage by Valentina Schippers-Opejko (City of Haarlem, CoP on Circular Construction), Ioanna Palaiopanou (Athens University of Economic and Business, CoP on Sustainability in ICT); Sophie Carlier (UniHA, CoP on Healthcare Efficiency) and Sami Aherva (City of Helsinki, CoP on Heavy-Duty Electric Vehicles).

The geographical and topical diversity of the panel highlighted the growing understanding across Europe that public procurement is a strategic tool that can have an impact on a wide variety of policy areas. The Big Buyers Working Together project aims to leverage this potential by bringing public buyers from across Europe together to join forces and use their combined purchasing power to influence social, sustainable, circular and innovative policy objectives.

Implementing these ambitious goals may require public procurers to change their ways. As Sami Aherva notes: “Our CoP doesn’t just focus on buying more sustainable vehicles and how to use them. It’s about the challenges of purchasing new technologies, learning new techniques and applying them in practice. Public procurement of innovation is not just about buying something new, but it is a learning journey that forces organisations to adapt their strategies and make sure they are functional.”

Innovation can be a costly business, which is another rationale for projects such as BBWT. By combining their resources, public buyers have more opportunities to challenge the market to go in a direction that directly benefits citizens and societies.

On their own, public procurers face much more challenges as noted by Ioanna Palaiopanou: “In Greece public buyers who try to align procurement policies with climate objectives face budget issues. They have to choose very carefully what to include in tenders. Sometimes they don’t use specific technical requirements, but include general requirements to stimulate innovation and more suppliers to apply.”

Costs are however not the only challenge for public buyers. Capacity building is crucial, for both contractors and suppliers. That also requires knowledge of the market, emphasises Valentina Schippers-Opejko: “In the Circular Construction CoP, we are doing market availability research on circular construction materials. It’s important to have an overview of what has been previously applied, what is currently available, and what is in development.” Sophie Carlier echoes these words: “We need to deal with technology before technology starts dealing with us, and to know what the best value for money is in your sector. In healthcare that is the best ratio between benefits and costs, but is also defined by clinical outcomes. Public procurers need to think about that.”

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/news/eu-collaboration-helps-public-buyers-drive-towards-social-innovative-and-sustainable-europe & https://ec.europa.eu/newsroom/growth/newsletter-archives/63177)

 

15.04.2025

Innovation Procurement Hubs (IPH)

For a future that starts in Europe, we empower public authorities across the EEA to accelerate the intake of innovation by building their own Innovation Procurement Hubs.

Mapping Survey Webinar 14/04 | Recording & Presentation Now Available!

“On April 14, 2025, we hosted a dedicated webinar on the Innovation Procurement Hubs Programme Ecosystem Mapping Survey. The session explored the survey’s purpose, structure, and relevance to your work – highlighting how your input can help shape the future of innovation procurement across the European Economic Area (EEA).

🔍 Key topics covered:

• A clear explanation of the survey’s goals and structure
• A live, step-by-step walkthrough of the survey
• How your contribution supports real change in EU innovation procurement

Missed the live session? Don’t worry – the presentation and full webinar recording are now available in the Resources section of this Community of Practice.

🔗 Access them here

📌 You can also find a dedicated Q&A addressing common questions about the survey here”.

Source: EU Commission website https://public-buyers-community.ec.europa.eu/communities/innovation-procurement-hubs-iph/news/mapping-survey-webinar-1404-recording-presentation

 

14.04.2025

Innovation Procurement Hubs Programme Survey

Welcome to the Innovation Procurement Hubs Programme Survey (DG GROW/EISMEA)

“The Innovation Procurement Hubs Programme aims to enhance public procurement of innovation across the European Economic Area (EEA). Led by the Directorate-General for Integral Market, Industry, Entrepreneurship and SMEs (DG GROW) and the European Innovation Council and SMEs Executive Agency (EISMEA) this programme is designed to support public authorities in adopting innovative solutions and to improve market access for small and medium-sized enterprises (SMEs) and startups. By fostering collaboration, providing tailored support, and building an interactive ecosystem of innovation hubs, this programme will help drive impactful public procurement practices and strengthen Europe’s innovation landscape.

About this Survey
This survey is designed to map Innovation Procurement Hubs and related stakeholders across Europe. By participating, you will help us:
 Understand how different entities engage in innovation procurement.
 Identify key constraints, best practices, and support needs.
 Strengthen collaboration between public authorities, hubs, and ecosystem enablers.

How it Works
The survey will take approximately 10-15 minutes to complete.
Based on your type of entity, you will receive a customized set of questions.
Some questions may appear conditionally, depending on your previous responses.
You can go back to review or modify your answers at any time before submitting”.

Source: EU Commission website https://www.113.vovici.net/se/13B2588B3A16BE54

 

09.04.2025

Collaborating for a Green Future: Join the Hackathons on Charging & Energy Infrastructure for the Green Transition

“As Europe strives to meet its ambitious climate goals, the charging infrastructure is a fundamental component of this transition. However, it also remains a challenge that requires innovative and collaborative solutions. To address these challenges, BBWT (Big Buyers Working Together), in collaboration with the City of Oslo, is organising  an in-person hackathons on 13-14 May 2025 in Oslo, focused on Charging & Energy Infrastructure for the Green Transition in Transport & Construction.

The event will bring together public buyers from across Europe for two days of hands-on collaboration to tackle real-life procurement challenges in the field of charging infrastructure.

The hackathons will have a unique focus: participants will work in teams to co-create solutions that will drive forward the transition to zero-emission vehicles and machinery in the transport and construction sectors.

The Challenges at the Core of the Hackathon

The hackathon will centre around four key challenges, which reflect real obstacles faced by public buyers and local authorities in scaling up charging infrastructure across Europe:

1. How can we share procurement experiences to reduce risks?
   Public buyers often face high risks when deploying charging infrastructure. By sharing procurement experiences and best practices, the aim is to reduce mistakes and increase the efficiency of the deployment of zero-emission vehicles and machinery. Participants will explore ways to create shared knowledge hubs and joint benchmarking tools for procurement.
2. How can we facilitate higher utilization and sharing of charging infrastructure?
   With many charging stations underutilized, particularly in less-central areas, it’s crucial to maximise the use of existing infrastructure. This challenge will focus on how public buyers can coordinate access to charging stations across sectors, sites, and users. Solutions may include digital booking systems, shared usage agreements, and cross-sector planning to increase the efficiency of charging infrastructure.
3. How can we incentivize energy-efficient solutions?
   Energy consumption is a critical issue in the deployment of zero-emission solutions. The goal here is to explore how public buyers can encourage and incentivize the adoption of energy-efficient technologies. This could involve using tender criteria, performance-based incentives, or reduced electricity costs to motivate suppliers and operators to optimise energy use.
4. How can we support flexible solutions, such as mobile charging stations?
   Flexibility is key when developing charging solutions that can adapt to different locations, projects, and vehicle types. This challenge will explore how public buyers can support scalable and reusable charging infrastructure, such as mobile or modular stations, by incentivizing flexibility through grants, tender criteria, or standardisation.

Collaborative Problem-Solving for a Sustainable Future

What makes this event truly special is its format. Rather than traditional presentations or panel discussions, the hackathon will use a collaborative, team-based approach. Public buyers will be divided into teams and, with the guidance of expert facilitators, will work on one of the four challenges. This hands-on, practical problem-solving environment will allow participants to share experiences, learn from each other, and co-create solutions that can be applied in their local contexts.

In addition to the group work, participants will have the chance to attend expert presentations, study visits to see charging solutions in action, and gain valuable insights from best practice cases. This will provide a unique opportunity to align procurement strategies with climate goals, build strong networks across Europe, and leave the event with tangible outcomes that can be directly applied in their own cities and regions.

A Call to Action

BBWT is looking forward to this exciting opportunity for public buyers across Europe to come together and solve one of the most pressing issues in the green transition. If you’re interested in participating, please reach out to big.buyers@eurocities.eu  for more information.

Let’s collaborate and co-create a sustainable and energy-efficient future for Europe!”

Source: EU Commission website https://public-buyers-community.ec.europa.eu/news/collaborating-green-future-join-hackathons-charging-energy-infrastructure-green-transition

 

08.04.2025

Insights into Ireland’s national procurement strategy

Fergal Grogan, Assistant Principal Officer at the Office of Government Procurement (OGP), shares insights into Ireland’s work on developing its first National Public Procurement Strategy. Grogan, who has been involved in strategic public procurement since 2019, explains how the OGP is helping shape a transparent, sustainable, and innovative procurement system that aligns with national and European objectives.

“The workshop we hosted, as part of the Public Procurement Dialogues project, allowed us to discuss challenges and opportunities with European colleagues, helping inform the development of our own roadmap,” says Grogan. This workshop was a pivotal moment in Ireland’s procurement journey, contributing to the creation of the Strategic Public Procurement Roadmap, which will guide the development of the National Strategy.

Grogan also highlights the current public consultation phase, which includes stakeholder surveys and regional roadshows. “The consultation is crucial in ensuring that we gather input from all those who have an interest in the future of public procurement in Ireland” he notes. The final strategy is expected to be published in late 2025, with aims to improve competition, value for money, and innovation in public procurement.

Additionally, Grogan touches on Ireland’s Green Public Procurement (GPP) Strategy, designed to support the transition to a low-carbon economy with specific targets for sustainable procurement practices across the public sector.

To gain a deeper understanding of Ireland’s procurement strategy and its long-term goals, read the full interview.

See also highlights from the Procurement Dialogues Closing Event

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/communities/public-procurement-dialogues/news/developing-national-procurement-strategy-ireland)

27.03.2025

Commission proposes Critical Medicines Act to strengthen EU medicine supply

The European Commission has proposed the Critical Medicines Act (CMA) to improve the availability and production of critical medicines in the EU. The initiative aims to tackle shortages, strengthen supply chains, and boost pharmaceutical manufacturing to ensure patients have timely access to essential medicines.

Tackling shortages and improving supply chains

Medicine shortages, often caused by manufacturing disruptions and global competition, pose risks to patients and healthcare systems. The CMA introduces Strategic Projects to expand EU manufacturing of critical medicines, benefiting from faster regulatory processes and facilitated access to funding. New state aid guidelines will assist Member States in financing these projects.

Enhancing procurement and international partnerships

The Act strengthens public procurement to incentivise resilient supply chains and – in certain specific cases – EU-based production for critical medicines. The Commission will also support collaborative procurement among Member States to improve access. Additionally, the EU will explore international partnerships to reduce reliance on single suppliers.

A key step for the European Health Union

The CMA complements ongoing EU pharmaceutical reforms aimed at addressing shortages and improving medicine access. The European Medicines Agency (EMA) and Member States continue to monitor supply risks, while the CMA introduces industrial policy tools to enhance resilience.

By combining regulatory and industrial measures, the CMA aims to secure a stable and self-sufficient pharmaceutical sector in the EU. The proposal now awaits review by the European Parliament and the Council.

Read the press release
Discover more about the Critical Medicines Act

Read more here

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/news/commission-proposes-critical-medicines-act-strengthen-eu-medicine-supply and https://ec.europa.eu/newsroom/growth/newsletter-archives/62260)

 

26.03.2025

New report offers a practical framework for socially responsible public procurement

The new report ‘How to Apply Socially Responsible Public Procurement: An Impact-Driven Framework with Indicators and Practical Examples’ provides a structured approach to integrating social considerations into public procurement.

It introduces a framework with key indicators to assess social impact in areas such as employment, working conditions, accessibility, and sustainability. The report analyses 75 procurement procedures across the EU, highlighting good practices and common challenges.

Commissioned by EISMEA and conducted by PwC EU Services and ICLEI, the report offers actionable policy recommendations to help public authorities maximise the social benefits of procurement.

By leveraging public procurement for social objectives, policymakers and procurement professionals can drive meaningful change and contribute to a more inclusive and sustainable future.

Find the full report here!

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/news/new-report-offers-practical-framework-socially-responsible-public-procurement and https://ec.europa.eu/newsroom/growth/newsletter-archives/62260)

 

25.03.2025

European Commission concludes public consultation on the evaluation of the public procurement Directives

On 7 March, the European Commission has concluded its public consultation on the evaluation of Directives 2014/23/EU (the Concessions Directive), 2014/24/EU (the Public Procurement Directive), and 2014/25/EU (the Utilities Directive). During the 12 weeks of consultation open in the Have your Say portal, stakeholders had the opportunity to share their experiences and provide feedback on the legislation under evaluation.

The exercise attracted 949 replies to the call for evidence and 733 responses to the open public consultation.

The consultation received responses from a wide range of stakeholders, with the highest participation from public authorities (call for evidence: 196, open public consultation: 199), followed by EU citizens (168) in the call for evidence and businesses (150) in the open public consultation.

Moreover, the initiatives achieved broad geographical coverage, with contributions from stakeholders across 36 countries, with the highest participation from Germany (call for evidence: 141, open public consultation: 193), Belgium (call for evidence: 132, open public consultation: 102), and Sweden in the call for evidence (85) and France in the open public consultation (75). This diversity ensures that the evaluation captures a comprehensive range of perspectives on the functioning of the current public procurement framework.

What’s next?

The Commission is now analysing the feedback received, alongside ongoing input from expert groups and targeted consultations. The findings from these initiatives will inform the next stages of process, including the preparation of an impact assessment.

A ‘factual summary report’ summarising the key elements of the public consultation will be published within 8 weeks of the closure of the public consultation, along with the contributions to the public consultation on the ‘Have your say’ web portal.

Updates on the evaluation’s progress will be available on the Commission’s website, and stakeholders are encouraged to stay informed through official channels.

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/news/european-commission-concludes-public-consultation-evaluation-public-procurement-directives and https://ec.europa.eu/newsroom/growth/newsletter-archives/62260)

 

14.03.2025

Greener IT procurement: How Brussels is making a difference

Two and a half years ago, a small batch of remanufactured laptops arrived at the Port of Brussels after a six-week journey by boat from Saudi Arabia. This experiment, run by Paradigm Brussels, tested ways to reduce transport emissions in IT procurement. By replacing air and road transport with maritime shipping and cargo bikes, emissions were cut by 74%, though at the cost of a longer delivery time and a minor additional expense.

Embedding sustainability in procurement

Paradigm Brussels, the central IT purchasing body for the Brussels Region, has been refining its public procurement criteria to make IT purchases more sustainable. Beyond transport, its tenders now include sustainability clauses covering manufacturing, usage, and end-of-life impact.

One major shift was increasing the weight of sustainability criteria in procurement decisions. “Previously, they accounted for just 1-3% of the total score—too little to influence bids” explains Constance Mathieu, Sustainable IT Advisor at Paradigm Brussels. The new 10% weighting has already made an impact, and there are calls to raise it further.

Energy efficiency is another focus. “The best way to encourage lower energy consumption is to integrate it into the total cost calculation” says Mathieu. This ensures energy-efficient devices score higher in the procurement process.

Prioritising durability and repairability

Paradigm aims to extend laptop lifespans from four to six years by prioritising repairability. New tender criteria require suppliers to provide a cost breakdown of spare parts and meet the Ingress Protection (IP) rating standard, which measures resistance to water and dust. If a device is difficult to repair or spare parts are too expensive, it’s less likely to be fixed, explains Thierry Chappe, Sustainable IT Manager at Paradigm.

Balancing ambition with practicality

Applying sustainability principles in procurement isn’t always straightforward. “Generic recommendations don’t translate easily into tenders” says Mathieu. “If we ask bidders for quality management measures, we get 500-page reports that are impossible to compare.” Instead, Paradigm relies on quantifiable criteria and closed questions to ensure fair and transparent evaluations.

Beyond procurement criteria, a cultural shift is needed. “We must move away from a cost-first mindset while reassuring teams they’ll still get high-quality equipment” says Chappe. Dialogue with suppliers also plays a role, signalling that sustainability matters and will influence tender evaluations.

Sharing lessons and strengthening collaboration

Paradigm is updating its procurement guide to provide clear, legally sound wording that smaller administrations can adopt. Monitoring contract implementation is also key, ensuring sustainability commitments are upheld over the five-year contract period.

“If people don’t understand the reasoning behind procurement decisions, they may find ways around them” warns Mathieu. That is why Paradigm is prioritising awareness-raising alongside procurement reforms—ensuring sustainability is not just a requirement on paper but a shift in practice.

About Paradigm Brussels and Big Buyers Working Together

The interview was conducted by Wilma Dragonetti, Eurocities Writer at Eurocities with Thierry Chappe, Sustainable IT Manager at Paradigm Brussels and Costance Mathieu Sustainable IT Advisor at Paradigm Brussels.

Paradigm Brussels is a member of the Big Buyers Working Together (BBWT) Community of Practice on Sustainability in ICT.

Big Buyers Working Together, is an EU-funded project that fosters collaboration between public buyers to enhance sustainable procurement practices.

Join Big Buyers Working Together and the Community of Practice on Sustainability in ICT.

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/communities/sustainability-ict-digital/news/greener-it-procurement-how-brussels-making-difference and https://ec.europa.eu/newsroom/growth/newsletter-archives/62260)

 

13.03.2025

EU Ecolabel webinar recording: Caring for you, caring for the environment: the EU Ecolabel for absorbent hygiene products

 

13.03.2025

Building collaboration in public procurement of innovation (PPI)

Collaboration is essential for the success of Public Procurement of Innovation (PPI). Engaging with innovation agents, fostering the association of different ecosystems and implementing strategic governance models can significantly improve outcomes.

Find in this insight some recommendations to promote participation and strengthen collaboration in PPI!

Collaboration is key to successful PPI. Insight No 8 offers practical recommendations to boost participation and strengthen partnerships for better outcomes.

Source: EU Commission website (https://public-buyers-community.ec.europa.eu/communities/procure-innovation-eu/resources/insight-no-8-how-build-collaboration-fostering-ppi and https://ec.europa.eu/newsroom/growth/newsletter-archives/62260)

 

13.2.2025

Position Paper on the revision of Public Procurement Directives

Source Swedwatch: https://swedwatch.org/themes/unlocking-the-power-of-public-procurement/

 

21.1.2025

The Future of Public Procurement: Deploying the new Public Procurement Data Space (PPDS)

Source: European Institute of public administration (Authors: Gracia Vara Arribas and Anastasios Papadopoulos)

Link: https://www.eipa.eu/blog/the-future-of-public-procurement-deploying-the-new-public-procurement-data-space-ppds/

 

14.1.2025

International Procurement Instrument (IPI) – Commission to assess next steps for tackling discrimination in China’s public procurement market for medical devices

Citazioni

 The European Commission strongly wishes to maintain open, fair and mutually beneficial trade relations with China, including on public procurement. However, openness needs to be reciprocal: government contracts in the EU are open to non-EU countries, and we expect other countries to treat our companies with similar fairness. We have found that China is discriminating against EU medical devices producers in bids for public contracts, and while we continue to prioritise dialogue as a first step to finding solutions, we stand ready to take decisive action to defend the level playing field, and support fair competition.

Source: EU Commission website

 

 

REPORT FROM THE COMMISSION pursuant to Article 5(4) of Regulation (EU) 2022/1031 on the investigation under the International Procurement Instrument concerning measures and practices of the People’s Republic of China in the public procurement market for medical devices

Document type

Report

Reference

COM(2025)5

Date

14/01/2025

Responsible service

Directorate-General for Trade

Source: https://ec.europa.eu/transparency/documents-register/detail?ref=COM(2025)5&lang=en

 

Factual findings of the IPI investigation on the procurement market for medical devices in the People’s Republic of China Accompanying the document REPORT FROM THE COMMISSION pursuant to Article 5(4) of Regulation (EU) 2022/1031 on the investigation under the International Procurement Instrument concerning measures and practices of the People’s Republic of China in the public procurement market for medical devices

Document type

Staff working document

Reference

SWD(2025)2

Date

14/01/2025

Responsible service

Directorate-General for Trade

Download document

Source: https://ec.europa.eu/transparency/documents-register/detail?ref=SWD(2025)2&lang=en

 

29.10.2024

Consultation on possible updates to the EU procurement directives

“As announced in the Political guidelines for the next term 2024-2029, the European Commission is set to launch a comprehensive evaluation of the Public Procurement Directives. This is in line with the requests of the European Court of Auditors (ECA) and the Council to carry out an in-depth analysis of the public procurement legal framework.

Conducting the evaluation, the European Commission will look at several topics identified, such as the level of competition in the EU public procurement market, the simplification of the current mechanisms and the achievement of strategic objectives.

The European Commission will publish the call for evidence and public consultation here. We count on public buyers, businesses, trade unions and civil society to contribute to the process.

To follow all developments relating to the upcoming evaluation of the legislative framework, subscribe to our Newsletter and become of Member of our Public Buyers Community”.

Source: https://public-buyers-community.ec.europa.eu/news/evaluation-public-procurement-directives

 

23.10.2024

UNCITRAL Colloquium on the Law of International Trade for a Greener Future – Potential updates to the UNCITRAL Model Law on Public Procurement to include “Green Procurement”

https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/climate-change-colloquium-en.pdf

https://uncitral.un.org/en/climatechangecolloquium2024

Recordings and PPT slides: https://uncitral.un.org/en/ColloquiumCC2024OCT

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4293959

26.09.2024

“Bribery in the Conduct of Business, Addressing Corruption in Public Procurement, and Laundering and Recovery of Proceeds of Crime: A Study on the Main Areas for Enhanced Cooperation among IPEF Partners” – Report on IPEF Member States’ Anti-Corruption Practices

https://www.unodc.org/roseap/uploads/documents/Publications/2024/IPEF_study.pdf

 

24.09.2024

Public Procurement Data Space (PPDS)

The Public Procurement Data Space (PPDS) is a service where policy makers, public buyers, companies, and other stakeholders can access public procurement information in an innovative and transparent way, unprecedented at the European level. The PPDS will contribute to developing a more competitive, fairer, and greener Europe.

Source: https://www.public-procurement-data-space.europa.eu/en

https://eproc.pages.code.europa.eu/ppds/pages/

12.09.2024

International Conference Next Generation Procurement Rome, September 12-13, 2024

https://www.anticorruzione.it/documents/91439/0/Next+Generation+Procurement+Conference+2024+agenda.pdf/3665105c-2431-4eeb-77a9-6a0ee7edfdae?t=1726061044873

 

 

9.9.2024

The future of European competitiveness: Report by Mario Draghi

https://commission.europa.eu/topics/strengthening-european-competitiveness/eu-competitiveness-looking-ahead_en

“For instance, we are still not joining forces in the defence industry to help our companies to integrate and reach scale. European collaborative procurement accounted for less than a fifth of spending on defence equipment procurement in 2022. We also do not favour competitive European defence companies. Between mid-2022 and mid-2023, 78% of total procurement spending went to non-EU suppliers, out of which 63% went to the US. Likewise, we do not collaborate enough on innovation, even though public investments in breakthrough technologies require large capital pools and the spillovers for everyone are substantial. The public sector in the EU spends about as much on R&I as the US as a share of GDP, but just one-tenth of this spending takes place at the EU level.

(…)

At the same time, there are other public goods identified in this report – such as defence procurement or crossborder grids – that will be undersupplied without common action. If the political and institutional conditions are met, these projects would also call for common funding.

(…)

the EU should legislate mandatory standards for public sector procurement, thereby levelling the playing field for EU companies against larger non-EU players. Outside of “sovereign” market segments, it is recommended to negotiate a low barrier “digital transatlantic marketplace”, guaranteeing supply chain security and trade opportunities for EU and US tech companies on fair and equal conditions. To make these opportunities equally attractive beyond large tech companies, SMEs on both sides of the Atlantic should benefit from the same easing of regulatory burdens for small companies that is proposed above.

(…)

The report recommends reinforcing joint procurement – at least for LNG – to leverage Europe’s market power and establishing long-term partnerships with reliable and diversified trade partners as part of a genuine EU gas strategy.

(…)

To capitalise on the decarbonisation push, Europe should refocus its support for clean tech manufacturing, focusing on technologies where it either has a lead or where there is a strategic case for developing domestic capacity

(…)

At the national level, to ensure predictable demand for the EU clean tech industry and to offset trade distorting policies abroad, the report recommends introducing an explicit minimum quota for the local production of selected products and components in public procurement and in CfD auctions and other forms of local production offtake. This quota should be combined with criteria established at EU level for orienting local production to the most innovative and sustainable solutions. The approach could be supported by the creation of joint ventures or cooperation agreements for knowledge transfer and sharing between EU and non-EU companies. For “infant industries”, it is recommended that Member States plan upcoming auctions and public procurement procedures to act as a “launch customer” for new technologies.

(…)

To reduce its vulnerabilities, the EU needs to develop a genuine “foreign economic policy” based on securing critical resources [see the chapter on critical raw materials]. In the short term, the EU needs to implement the Critical Raw Materials Act (CRMA) rapidly and fully. The report recommends complementing this Act with a comprehensive strategy covering all stages of the critical mineral supply chain, from extraction to processing to recycling. To strengthen Europe’s position at the procurement stage, it is proposed to create a dedicated EU Critical Raw Material Platform. The platform would leverage Europe’s market power by aggregating demand for the joint purchasing of critical materials (following the model used in South Korea and Japan) and coordinating the negotiation of joint purchases with producer countries.

(…)

For both defence and space industries, insufficient aggregation and coordination of public spending in Europe compounds industrial fragmentation. European collaborative procurement accounted for only 18% of expenditure on defence equipment procurement in 2022, well below the benchmark of 35% agreed upon in the European Defence Agency frameworks. This lack of coordination creates a vicious circle for the EU defence industry. Without demand aggregation among Member States, it is more difficult for the industry to predict longer-term needs and increase supply, in turn decreasing its overall capacity to meet demand and depriving the industry of orders and opportunities. As a result, defence procurement is diverted outside of the EU. Between June 2022 and June 2023, 78% of procurement spending went to non-EU suppliers, out of which 63% went to the US. At the same time, when EU Member States organise and cooperate, the results are positive. One such example is the A330 Multi-Role Tanker Transport, which was developed through a collaborative project allowing participating countries to pool resources and share operation and maintenance costs. The European space sector is likewise hindered by insufficient demand aggregation and investment coordination among Member States. Furthermore, the European Space Agency (ESA) operates based on the principle of “geographical return”, meaning that it invests in each of its member countries through industrial contracts for space programmes an amount which is similar to the country’s financial contribution to the agency. This principle leads to an inevitable fragmentation of supply chains, the unnecessary duplication of capacities in relatively small markets and a mismatch between the most competitive industrial actors and the actual allocation of resources.

(…)

In the absence of common European spending, policy actions for the defence sector need to focus on aggregating demand and integrating industrial defence assets [see the chapter on defence]. In the short term, the swift implementation of the European Defence Industrial Strategy and the related European Defence Industry Programme is needed. In particular, it is essential to increase substantially the aggregation of demand between groups of Member States, at least among those who opt to do so, and to raise the share of joint defence procurement. The report recommends further steps to develop a medium-term EU Defence Industrial Policy which can support the structural cross-border integration of defence assets and the selective integration and consolidation of EU industrial capacity, with the explicit aim of increasing scale, standardisation and interoperability. EU competition policy should enable such consolidation when increased scale would deliver efficiencies or allow the realisation of globally competitive investments. In addition, as EU defence spending rises, defence industrial consolidation, integration and technological innovation should be supported by reinforced European preference principles in procurement, ensuring that a minimum share of this rising demand is concentrated on European companies rather than flowing overseas.

(…)

The European space sector would benefit from updated governance and investment rules, and greater coordination of public spending in a true Single Market for space. The report recommends progressively removing the ESA’s geographical return principle. The ESA’s procurement rules should reflect the outcome of industrial competition and the choice of the best providers, and resources should be concentrated on projects that demonstrate the potential for significant scientific or technological advancement, regardless of the location of the participating entities. This process should be accompanied by the establishment of a functioning Single Market for space, with common standards and the harmonisation of licensing requirements (in line with the planned EU Space Law). It is also proposed to establish a multi-purpose Space Industrial Fund that would allow the European Commission to act as an “anchor customer” to jointly purchase space services and products and fund critical technologies, helping the EU industrial base to increase its capacity. Similarly, joint strategic priorities for space research and innovation should be supported by increased coordination, funding and the pooling of resources for the development of new large EU joint programmes. Finally, as for the defence sector, the growth of innovative EU space SMEs, start-ups and scale-ups should be enabled by improved access to finance and the introduction of targeted European preference rules.

(…)

Some joint funding of investment at the EU level is necessary to maximise productivity growth, as well as to finance other European public goods. The more that governments implement the strategy laid out in this report, the greater the increase in productivity will be, and the easier it will be for governments to bear the fiscal costs of supporting private investment and of investing themselves. Joint funding for specific projects will be key to maximise the productivity gains of the strategy, such as investing in breakthrough research and infrastructures to embed AI into the economy. At the same time, there are other public goods identified in this report – such as investing in grids and interconnectors, and financing the joint procurement of defence equipment and defence R&I – that will be undersupplied without common action and funding. Finally, for Member States to converge more closely in their policies – be it the Single Market or more generally in the policies described in this report such as climate, innovation, defence, space and education – both regulation and incentives will be required. Incentives will also require common funding. However, if the strategy is not fully implemented and productivity growth does not pick up, a broader issuance of public debt may be needed to make the funding of the transitions a more realistic proposition.

(…)

Finally, the EU should move towards regular issuance of common safe assets to enable joint investment projects among Member States and to help integrate capital markets. If the political and institutional conditions are in place as outlined above, the EU should continue – building on the model of NGEU – to issue common debt instruments, which would be used to finance joint investment projects that will increase the EU’s competitiveness and security. As several of these projects are longer-term in nature, such as financing R&I and defence procurement, common issuance should over time produce a deeper and more liquid market in EU bonds, allowing this market to progressively support the integration of Europe’s capital markets. At the same time, together with the above reforms, to finance a variety of programmes focused on innovation and on raising productivity, Member States could consider increasing the resources available to the Commission by deferring the repayment of NGEU”.

 

11.07.2024

‘Interplay between the Deforestation Regulation (EUDR) and Public Procurement in the EU’ – European Procurement & Public Private Partnership Law Review

https://sapiensnetwork.eu/towards-deforestation-free-public-procurement-new-publication/

 

10.07.2024

‘Empowering Small Businesses: The Impact of Reserved Contracts in U.S. Federal Procurement’ – SAPIENS Working Paper July/2024

https://sapiensnetwork.eu/empowering-small-businesses-the-impact-of-reserved-contracts-in-u-s-federal-procurement-working-paper-series/

 

09.07.2024

Moldova signs the EU’s Joint Procurement Agreement to deepen health cooperation with the EU

Today, Moldova became the 38^th country to sign the Joint Procurement Agreement in the area of health, during an official visit to Chisinau by Commissioner for health and food safety, Stella Kyriakides. Moldova is now the 6^th EU candidate country to become part of the Agreement.

The Joint Procurement Agreement is a legal and operational mechanism which enables participating countries to join forces in the face of a serious health threat and to jointly purchase essential supplies, such as medicines and medical equipment. For example, during the COVID-19 pandemic, it allowed participating countries to acquire personal protective equipment, needles and syringes for COVID-19 vaccination, ventilators and medicines under equal conditions.

Participation in the Joint Procurement Agreement allows a country to benefit from the combined purchasing power of EU Member States and participating countries, enabling improved access and greater security of supply for medical countermeasures in a health emergencythrough pooling needs and creating economies of scale. The Joint Procurement Agreement also improves participating countries’ preparedness for serious cross-border diseases, by having contracts for essential medical countermeasures in place before major outbreaks occur.

Most recently, the Commission signed a joint procurement framework contract to supply up to 665,000 doses of the zoonotic influenza (avian flu) vaccine from Seqirus, with an option for an additional 40 million doses. This contract, aimed at preventing avian flu, ensures that participating countries have access to medical countermeasures if needed.

The Commission – via its Health Emergency Preparedness and Response Authority (HERA) –  manages the procurement procedures under the Joint Procurement Agreement in close collaboration with the participating countries. These countries can then purchase the contracted products as needed, using their national budgets.

For More Information

2014 Joint Procurement Agreement Decision

JPA : participating countries

 

01.07.2024

Keynote speech by Executive Vice-President Šefčovič at the Jacques Delors Agora event

“In the EU, we spend something like 2 trillion euros a year through public procurement.

But we still put an overwhelming emphasis on price.

We want our companies to have a sustainable approach, lowering their carbon footprint while treating their employees well, with the fair wages they deserve.

And I think we should reward those companies by including such factors in public procurement”.

https://ec.europa.eu/commission/presscorner/detail/en/speech_24_3585

 

23.06.2024

Sustainable Public Procurement – SAPIENS Policy Brief

https://sapiensnetwork.eu/collaboration-between-stakeholders-in-sustainable-public-procurement-policy-brief/

 

20.06.2024

https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3683

DG Trade has expanded the online Access2Markets portal with a new public procurement tool, ‘Procurement for Buyers‘, which will serve as a portal for public procurement entities in EU Member States, helping them to understand and apply international procurement rules in a clear and consistent manner.

https://policy.trade.ec.europa.eu/news/commission-launches-new-public-procurement-portal-2024-06-20_en

 

13.05.2024

Statement by Commissioner Breton on withdrawal of LONGi Solar Technologie GmbH and Shanghai Electric from public procurement following the Commission’s opening of an investigation under the Foreign Subsidies Regulation

Quote(s)

 Solar power is vital for Europe’s economic security. We are massively investing in the installation of solar panels to decrease our carbon emissions and energy bills – but this should not come at the expense of our energy security, our industrial competitiveness and European jobs. The Foreign Subsidies Regulation is ensuring that foreign companies which participate in the European economy do so by abiding to our rules on fair competition and transparency.

https://ec.europa.eu/commission/presscorner/detail/en/statement_24_2570

 

26.04.2024

Foreign Subsidies Regulation (‘FSR’) – EU Competition Day: competition and competitiveness in uncertain geopolitical times – Speech by EVP

“The Digital Markets Act and the Foreign Subsidies Regulation were designed to protect fair competition within the Single Market. They address two novel risks.

(…)

Another new tool is the Foreign Subsidies Regulation – which I know is a hot topic!

With the Foreign Subsidies Regulation, we address another dimension. We address an external challenge to our competitiveness and resilience. Activities or acquisitions in Europe infused by distortive subsidies impair our markets’ competitiveness. They destroy the level playing field. And they weaken our economic security.

We are committed to an open Single Market. But business in the European Union must be based on fair competition, reciprocity and a level playing field. I think that the events of the last weeks have shown that we will defend those principles vigorously.

We have launched a series of investigations, in quick succession. We already closed our investigation into the Chinese train manufacturer CRRC after it withdrew from a Bulgarian public procurement procedure in Bulgaria. But we continue to investigate bids by Chinese companies in public procurement for solar parcs in Romania. Now, we are also investigating subsidies in wind energy projects in the EU. And a couple of days ago we carried out the first surprise inspections under the Foreign Subsidies Regulation in the security equipment sector in several Member States.

I think we have made it clear that we will protect the Single Market. We will tackle distortive subsidies from wherever in the world they arise. But we will only act on the basis of clear evidence and in full respect of our international engagements and commitments.

We are very focused on enforcement measures. But I would also recognize the positive attitude that we see from companies and stakeholders. These new tools do foster compliance. And compliance directly achieves the goals that we have set for ourselves.

• The DMA entered into force after months of engagement with gatekeepers. Many important announcements have been made that already bring concrete and tangible benefits. Today, your phone allows you to do things that you could not do yesterday. It is easier to get rid of apps you don’t want, to choose your preferred default setting. You also have better control over your data. All of that is new.
• For the Foreign Subsidies Regulation, I will admit that it brought us a bit more notifications than we initially expected. But our practice shows that this is not a tool to discourage investment in the EU. Investors initially feared that we would create too much red tape. But companies that have gone through the notification system have found a very swift and clear outcome”.

https://ec.europa.eu/commission/presscorner/detail/en/speech_24_2324

 

30.04.2024

Webinar: Joint U.S.-EU Catalogue of Best Practices on Green Public Procurement

https://publicprocurementinternational.com/webinar-joint-us-eu-green-procurement/

 

25.04.2024

Stockholm Public Procurement Conference 2024 – U.S./EU Convergence on Debarment and Beyond

 

24.04.2024

International Procurement Instrument (‘IPI’): first investigation into Chinese medical devices

“Today, the European Commission has initiated for the first time an investigation under the International Procurement Instrument (IPI), in response to measures and practices in the Chinese procurement market for medical devices which discriminate unfairly against European companies and products. Evidence gathered by the Commission indicates that China’s procurement market for medical devices has gradually become more closed for European and foreign firms, as well as for products made in the EU. This is due to measures introduced by China that differentiate between local and foreign companies, and between locally produced and imported medical devices. Having previously raised its concerns directly and repeatedly with Chinese authorities, and in the absence of satisfactory replies or actions, the Commission has decided to address this issue through the IPI Regulation.

The EU is a strong advocate of a level playing field in international procurement markets. In this context, the first aim of an IPI investigation is to foster dialogue between competent authorities on removing discrimination in public procurement, for the benefit of all. Only if dialogue fails to deliver an equitable agreement will the Commission consider imposing IPI measures.

Executive Vice-President and Commissioner for Trade Valdis Dombrovskis said: “The International Procurement Instrument is a powerful new mechanism to support our European companies in markets that are less open than ours. It also aims to promote open public procurement markets globally. Openness is vital for businesses to thrive, for consumers, and to spur innovation worldwide. We are launching this investigation with China so that we can achieve a level playing field in our procurement markets for producers of medical devices, on both sides. Regrettably, our repeated discussions with China on this trade irritant have been fruitless. We trust that this IPI investigation will galvanise our dialogue and help us find mutually agreeable solutions.”

“The European Commission has decided on its own initiative to initiate, pursuant to Article 5(1) of Regulation (EU) 2022/1031, an investigation into alleged measures and practices of the People’s Republic of China (‘PRC) resulting in a serious and recurrent impairment of access of Union economic operators, goods and services to the PRC’s public procurement market for medical devices.

At the same time, the PRC is invited to enter into consultations with the European Commission in order to eliminate or remedy the alleged measures and practices.

Member States and interested parties are invited to participate in the investigation and provide relevant information, within 30 calendar days from the date of initiation of the investigation”.

https://policy.trade.ec.europa.eu/help-exporters-and-importers/accessing-markets/public-procurement/international-procurement-instrument/china-medical-devices_en

https://ec.europa.eu/commission/presscorner/detail/en/ip_24_2044

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C_202402973

 

24.04.2024

Infringement procedures – The Commission urges BULGARIA, SPAIN and ROMANIA to comply with the public procurement legislation

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Romania (INFR(2023)2114) and to issue reasoned opinions concerning Bulgaria (INFR(2018)2268) and Spain (INFR(2021)2171) for failing to comply with the public procurement legislation. The rules covering public contracts and concession contracts (Directive 2014/23/EU, Directive 2014/24/EU and Directive 2014/25/EU) had to be transposed by Member States into domestic law by 18 April 2016. By requiring Member States to follow impartial and transparent procedures, these directives aim to open public markets to genuine competition between companies across the EU and to ensure the best value for money for public purchases. The Commission is addressing the countries over various issues relating, among others, to restrictions of operators’ rights in the case of Romania and exclusion of private hospitals from EU public procurement rules even when they are partly financed through public funds in the case of Bulgaria.  The Spanish legislation does not respect in particular the scope of application of the Directives regarding the type of contracting authorities, contracts and contract modifications that must be covered.

Bulgaria, Spain and Romania now have two months to respond and address the shortcomings raised by the Commission.  In the absence of a satisfactory response the Commission may decide to issue a reasoned opinion to Romania and to refer Bulgaria and Spain to the Court of Justice of the European Union.

24.04.2024

Infringement procedures – The Commission asks SPAIN and HUNGARY to comply with rules on motorway concession contracts

The European Commission decided to open an infringement procedure by sending a letter of formal notice to Hungary (INFR(2024)4006) and an additional letter of formal notice to Spain (INFR(2021)4052) for failing to comply with rules on motorway concession contracts. Both letters aim to ensure the respect of EU rules on concessions, which provide for the equal treatment of economic operators interested in participating in procurement procedures and the respect of the obligation of transparency. The Commission is addressing various issues related to those contracts. It considers that Hungary’s 35-year concession lacked transparency in estimated value, failed to transfer sufficient operating risk, and was extended for an unduly long period without justification, violating EU law. Spain extended the duration of two motorway concessions without properly applying tender procedures, breaching EU rules.

Spain and Hungary now have two months to respond to the arguments put forward by the Commission. Otherwise, the Commission may decide to send them a reasoned opinion.

https://ec.europa.eu/commission/presscorner/detail/en/inf_24_1941

 

 

24.04.2024

Commission launches first investigation under EU International Procurement Instrument

Quote(s)

 The International Procurement Instrument is a powerful new mechanism to support our European companies in markets that are less open than ours. It also aims to promote open public procurement markets globally. Openness is vital for businesses to thrive, for consumers, and to spur innovation worldwide. We are launching this investigation with China so that we can achieve a level playing field in our procurement markets for producers of medical devices, on both sides. Regrettably, our repeated discussions with China on this trade irritant have been fruitless. We trust that this IPI investigation will galvanise our dialogue and help us find mutually agreeable solutions.

Source: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_2044

 

05.04.2024

Promoting easier, more sustainable and more secure trade on the transatlantic marketplace

Promoting sustainable trade as part of the green transition is a priority for both parties and the TTC remains a key forum for the EU and the US to cooperate on this. Both sides reaffirmed the importance of the Transatlantic Initiative on Sustainable Trade (TIST), which since its inception in 2022 frames the TTC’s work in this regard. At today’s meeting, ministers took stock of the work taking place under TIST including on conformity assessment, to facilitate trade in goods and technologies that are vital for the green transition. They agreed to publish a Joint Catalogue of Best Practices on Green Public Procurement to help accelerate the deployment of publicly financed sustainability projects, and to advance their cooperation on solar supply chains”.

https://ec.europa.eu/commission/presscorner/detail/en/ip_24_1827

 

03.04.2024

 

14.02.2024

EU Defense Procurement and the European Court of Justice – Professor Andrea Sundstrand – Stockholm University -GW Law School, 2000 H Street NW, Washington DC – Stockton 306

 

07.02.2024