EU Public Procurement Act

The European Commission has published its proposal for a new Public Procurement Act, marking the most significant reform of the EU procurement framework in more than a decade. The proposed Regulation would replace the existing directives on public contracts, utilities and concessions with a single directly applicable legal framework across all Member States.

The proposal introduces a number of far-reaching changes, including a stronger European preference framework, a streamlined set of procurement procedures, greater emphasis on best price-quality ratio considerations, and important clarifications regarding concessions and contract modifications. These reforms could have significant implications for contracting authorities, utilities, concession grantors and bidders across Europe.

Although the proposal remains subject to negotiation by the European Parliament and the Council, it provides a clear indication of the Commission's direction of travel. Organisations should begin assessing the potential impact on their procurement strategies, governance arrangements and tendering processes, as early preparation will be key to navigating the transition to the new regime.