Commission Presented Proposal for New EU Public Procurement Law
5 October 2026 // Preprint Issue 2/2026
 Thomas Wahl Thomas Wahl

On 9 September 2026, the European Commission presented a legislative proposal that will comprehensively overhaul the rules governing public procurement in the EU. The current framework for public procurement, which is based on three directives and numerous sector-specific regulations, would thus be consolidated into a single regulation (COM(2026) 590 final). In addition to simpler and more flexible rules for tenderers, this aims to strengthen the EU’s economic autonomy in strategic areas. Essentially, there will be three instead of five procedures available, and public buyers will have greater flexibility, allowing negotiations with the applicant during the procedures. In addition, an innovation procedure is introduced, designed for the development and acquisition of innovative solutions not yet available on the market.

Simplification and reduction of administrative burden will be achieved through an integrated digital procurement marketplace consisting of interconnected and interoperable Member States' eProcurement platforms. The platform will enable public buyers, for instance, to automatically verify exclusion criteria, and companies can more simply take part in procurement procedures and submit tenders across the EU by the "once-only" principle. The data management of the digital marketplace will also strengthen transparency, accountability, and anti-fraud capabilities.

With regard to the award process, in future the award criteria will no longer be based solely on cost, but will also take into account quality characteristics, such as environmental or social standards, innovation, security and resilience. Provisions are also envisaged regarding a "European preference", whereby, under certain conditions, participation in the procedure may be restricted exclusively to economic operators originating in the Union.

Another major issue of the proposal is to take into account the geopolitical importance of public procurement. Public buyers must address risks related to security and public safety of the Union or Member States, sensitive information, cybersecurity, and undue third-country influence. New provisions on resilience and security of supply are included.

The proposal will now be debated by the Council and the European Parliament.

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Author

2018-Max_Planck_Herr_Wahl_1355_black white_Zuschnitt.jpg
Thomas Wahl

Institution:
Max Planck Institute for the Study of Crime, Security and Law (MPI CSL)

Department:
Public Law Department

Position:
Senior Researcher