Procurement by Specific Sectors (Directive)

The Commission has published a Directive Proposal replacing the existing Sector Directive (2004/17/EC). The aim of the new Directive is to remove legal uncertainty in public procurement between contracting authorities and their cooperation. Moreover, access for small- and medium-sized enterprises (SME) to the procurement procedure is to be made easier. In future, public procurement is to be used for societal and environmental policy targets.


The strict requirements for in-house procurement and the cooperation between contracting authorities without prior requests for tender lead to more contracts having to be put out to tender throughout the EU. Thus cheaper private sector service providers are given the chance to be awarded tenders. The instrumentalisation of public procurement for environmental and social targets when performing contracts is to be rejected, since social and environmental policy targets can be achieved by other measures at lower costs.