Ten years after the introduction of the public procurement directives, Europe is considering reforming the public procurement regulatory framework.
Key takeaways
- Europe is considering a reform of the public procurement regulatory framework
- European Commission has launched a call for evidence and a public consultation, aiming to evaluate the public procurement directives
Around 14% of the EU’s gross domestic product is spent each year on public procurement, making public procurement a key element of the single market. The EU’s legal framework on public procurement comprises several directives dating from 2014, so one might ask oneself if it isn’t time for an update or reform of this legal framework after 10 years.
And there are in fact voices advocating for such reform of the European public procurement regulatory framework:
- In 2023, the European Court of Auditors (‘ECA’) issued a report expressing concern about the decreasing competition in public procurement procedures. It called on the Commission to clarify and prioritize public procurement objectives and to put forward an action plan to overcome key obstacles to competition in public procurement.
- In the Council Conclusions on the ECA report, the Council requests the Commission to undertake an in-depth investigation of the existing framework on public procurement to assess whether a revision is necessary during the 2024-2029 term.
- Ursula von der Leyen announces in the political guidelines for the next European Commission that she will propose a revision of the Public Procurement Directive, as this should enable preference to be given to European products for certain strategic sectors, help ensure EU added value for its citizens and will modernize and simplify the public procurement rules.
In response, the European Commission launched a call for evidence (13 December 2024) and a public consultation, aiming to evaluate the public procurement directives. The Commission counts on public buyers, businesses, trade unions and civil society to contribute to the process.
Although there are some developments in the field of public procurement in Europe, pointing to a reform of the regulatory framework, this does not mean that a new regulatory framework will be available soon.
At his confirmation hearing in the European Parliament on 12 November, the nominee for the role of Commission Executive Vice-President Stéphane Séjourné, anticipated that a reform proposal could come in 2026. Considering delays, negotiations and national implementation, the reform might not come into effect until the end of the decade.
Author: Kristof Langens, Associate at EY Law
