On 9 September 2026, the European Commission presented a proposal for a regulation aimed at modernizing and harmonizing the European public procurement framework.

Known as the Public Procurement Act, this text aims to replace the three European directives currently applicable to public procurement (Directive 2014/24/EU), special sectors (Directive 2014/14/EU) and concessions (Directive 2014/23/EU) with a single body of legislation.

This development marks a significant shift in approach. Whilst European rules on public procurement have hitherto been based on directives requiring national transposition, the Commission is now proposing a regulation that is directly applicable in the Member States (Article 288(2) of the TFEU). The aim is to limit the discrepancies arising from national transposition choices, to strengthen legal certainty and to promote a more uniform application of European public procurement law across the Union.

The draft also provides for a simplified procedural framework. The rules relating to traditional contracts, special sectors and concessions would be brought together in a single instrument, whilst the number of procurement procedures would be reduced from five to three. The open procedure could also allow for negotiations with tenderers without the contracting authority having to justify the use of this option on exceptional grounds.

The proposal also places a central emphasis on digitalization. The Commission envisages the creation of a European digital market based on the interconnection of national platforms. This would make it easier for operators to submit their tenders to several Member States, in accordance with the ‘once-only’ principle, whilst contracting authorities would benefit from automated checks and improved data sharing.

The text also aims to make public procurement a more effective lever for public policy. Best value for money would become the standard award method, with a minimum weighting given to qualitative criteria. This weighting would be set at 30 per cent in principle and at 50 per cent for labor-intensive contracts. Environmental, social, innovation and supply chain resilience considerations would thus be more fully integrated into the procedures. This would therefore mark the end of price as the sole criterion, which is already the case under French law (see our webinar on this subject).

The Commission also intends to take on board the recommendations of the well-known Draghi and Letta reports on competitiveness and the future of the single market, which support the idea of using European public procurement for the purposes of industrial policy and European security. Without establishing a general ‘buy European’ principle, the proposal aims to allow public procurers to favour European tenders in certain sectors or for certain strategic technologies where this is necessary to safeguard security of supply, strengthen the resilience of value chains or protect the Union’s economic interests. This preference should, however, be implemented in accordance with the Union’s international commitments and the principle of reciprocity. The Commission could thus restrict access for certain operators from third countries where European companies do not, in return, enjoy equivalent access to those countries’ public procurement markets. This possibility already exists under the case law of the Court of Justice, which has evolved in recent years on this subject (CJEU, 22 October 2024, Kolin Inşaat Turizm Sanayi ve Ticaret AȘ, Case C-652/22; CJEU, 13 March 2025, CRRC Qingdao Sifang Co. Ltd v Astra Vagoane Călători S.A., Case C-266/22);

Finally, the Public Procurement Act provides for several measures in favour of SMEs, notably the regulation of turnover requirements, the facilitation of consortia and the strengthening of the allocation of contracts. It also introduces a simplified innovation procedure allowing the research and development phase and the procurement of the solutions developed to be combined within a single procedure.

At this stage, however, this is merely a proposal. The text must now be examined by the European Parliament and the Council in accordance with the ordinary legislative procedure. The current rules therefore remain applicable pending the outcome of these negotiations.

The Public Procurement team is available to answer any questions you may have; please do not hesitate to contact us. Learn more about our Public Action and Local Government practice.