Public Procurement (Directive)

The Commission has published a Directive Proposal which is to replace the existing Procurement Directive (2004/18/EC). The Commission’s proposal aims to eliminate legal uncertainty in the procurement between public entities and their cooperation. Moreover, it is to facilitate access to public procurement for small and medium-sized enterprises (SME). Public procurement will continue to be used in support of societal and environmental goals.


The strict requirements for the cooperation between public entities without prior requests for tender lead to more contracts having to be put out to tender throughout the EU. Thus cheaper private sector providers of goods and services are given the chance to be awarded tenders. The instrumentalistion of public procurement for societal goals when performing contracts is to be rejected, since environmental and social targets can be achieved more economically through other measures.