European Commission Unveils Public Procurement Regulation Proposal

European Commission Unveils Public Procurement Regulation Proposal

On 9 September 2026, the European Commission presented a proposal for a new EU Public Procurement Regulation, replacing the current directive-based framework with a directly applicable regulation. 

One of the most significant changes concerns award criteria. The proposal strengthens the role of quality in procurement procedures by requiring a minimum weighting for quality criteria. Contracting authorities would also be able to set a fixed price and award contracts solely on the basis of quality. While this represents a welcome shift away from purely price-based competition, concerns remain over exceptions that would still allow contracting authorities to rely primarily on price, potentially limiting the consideration of quality in sectors such as social services and the social economy.

The proposal also places greater emphasis on socially responsible public procurement. A dedicated chapter highlights social inclusion, labour market integration of persons with disabilities, support for the social economy, and affordable housing as legitimate objectives that public buyers may pursue through technical specifications, contract conditions, and award criteria. However, the language remains largely permissive rather than mandatory, raising questions about whether the new framework will significantly change procurement practices across Member States.

The draft regulation retains provisions for reserved contracts for organisations employing persons with disabilities and disadvantaged workers, preserving the existing 30% threshold of persons with disabilities or disadvantaged workers employed. It also revises rules for reserved contracts for certain social, health, and educational services by removing previous limitations that had restricted their practical use. These changes could create new opportunities for non-profit and social economy organisations to participate in public procurement markets.

At the same time, the proposal raises important questions about the impact of a regulation on national systems that currently provide stronger social procurement requirements. Countries such as Italy and France have introduced mandatory social clauses and more ambitious procurement frameworks, and there are concerns that harmonisation could inadvertently lower standards if the regulation leaves insufficient room for national measures that go beyond EU minimum requirements.

As for next steps, this European Commission proposal will enter the legislative process, where the European Parliament and the Council will provide their positions on the file, and agree on the final version of the text.

Public Procurement Regulation proposal available here.

Press Release on European Commission Public Procurement Regulation proposal available here.

Questions and Answers on the Public Procurement Regulation proposal available here.