This article reflects publicly reported details of the Commission’s proposal as of its presentation on 9 September 2026. As with any legislative proposal, provisions may change during negotiation.
The European Commission has presented its proposal for a new Public Procurement Act, setting out a major overhaul of the EU public procurement framework. Published on 9 September 2026 as COM(2026) 590 final, the proposal would replace the three existing procurement Directives with a single, directly applicable Regulation covering public contracts, utilities procurement and concessions. The proposal is not yet law. It will now be considered by the European Parliament and the Council, meaning the final text may change during the legislative process.
One Regulation instead of three Directives
One of the most significant changes concerns how contracts are evaluated. Article 98 proposes that contracts should be awarded to the economic operator offering the “best quality for money”, using the best price-quality ratio as the standard approach.
Quality criteria would generally have to account for at least 30% of the total points, rising to 50% for labour-intensive contracts. Quality could cover areas including technical merit, environmental and social considerations, innovation, security, resilience, security of supply and the quality of personnel. The proposal therefore moves further away from procurement decisions based predominantly on price, while retaining price as an important element of the evaluation framework.
European preference and economic security
The proposal also introduces a new framework for European preference. Importantly, this is not a blanket “Buy European” requirement. Instead, public buyers could apply measures such as restricting participation, requiring a certain origin for goods, services or works, or applying evaluation preferences, subject to the conditions set out in the Regulation.
One proposed measure would allow a tender to be rejected where the value of EU or covered goods, services or works falls below 50% of the total estimated value of the tender, where the relevant European preference requirement applies. The proposal also gives greater prominence to economic security, resilience and security of supply, including risks relating to critical dependencies, cybersecurity, supply disruption and undue third-country influence.
Digitalisation and the once-only principle
The Commission proposes a more integrated European digital procurement ecosystem, including interoperability between national eProcurement systems and the development of National and Union Public Procurement Data Spaces. An electronic eligibility service would use digital business credentials and company profiles to support the once-only principle, reducing the need for businesses to repeatedly submit the same information during procurement procedures. This could be particularly significant for SMEs seeking to participate in public procurement across different Member States.
Stronger strategic procurement
The proposal also strengthens the role of environmental, social and innovation considerations. Public buyers would have greater scope to incorporate criteria relating to sustainability, social inclusion, working conditions, accessibility, innovation and human rights in supply chains. Life-cycle costing would also play a stronger role, allowing procurement decisions to take account of costs associated with use, maintenance, energy consumption and end-of-life, as well as certain environmental and climate impacts.
Supply-chain resilience would similarly become more prominent, with measures addressing diversification, dependencies, continuity of supply and business continuity.
What does this mean for procurement professionals?
If adopted in its current form, the proposal could significantly change how procurement is planned, evaluated and managed.
For SMEs, simplified documentation, digital credentials and greater attention to proportionality could help reduce some barriers to participation.
For public buyers, there would be greater emphasis on market engagement, proportional selection requirements, quality-based evaluation, sustainability, innovation, resilience, economic security and digital procurement data.
For economic operators, demonstrating quality, sustainability, innovation and supply-chain resilience could become increasingly important alongside price and traditional technical capability.
What happens next?
The Public Procurement Act remains a legislative proposal, rather than an adopted Regulation. The European Parliament and Council will now negotiate the text, and amendments may be made before a final agreement is reached.
Under the Commission’s proposal, the Regulation would enter into force on the twentieth day following its publication in the Official Journal of the European Union, but would apply two years after entry into force. The existing procurement framework therefore remains applicable while the legislative process and transition period take place.
A significant proposed shift
The Public Procurement Act represents a clear attempt to reposition public procurement as a broader strategic tool for the European economy. The Commission is seeking to combine simplification and digitalisation with stronger emphasis on quality, sustainability, innovation, resilience and European economic security.
If adopted, the new framework would not simply replace three Directives with one Regulation. It could change how public buyers and suppliers approach procurement across the entire contract lifecycle.
Background Reading and Additional Sources:
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
