As of the 9th of September 2026, the European Commission has proposed a significant revision of the EU public procurement framework through the proposed EU Public Procurement Act (COM(2026) 590). This proposal seeks to repeal and replace the three existing procurement directives, namely Directive 2014/24/EU, Directive 2014/25/EU, and Directive 2014/23/EU, with a singular streamlined legislative framework.
Twelve years after the adoption of the 2014 procurement package, the Commission considers that the current framework has not fully achieved its intended objectives. The proposed Act is designed to simplify procurement procedures, enhance strategic purchasing, strengthen the Union’s economic security, and further support the digitalisation of public procurement across Member States.
Key Objectives of the Proposed Reform
The proposed legislation is built around several core policy priorities aimed at modernising public procurement across the European Union:
- Simplification and increasing the flexibility and coherence of procurement rules;
- Increasing the uptake of strategic procurement;
- Improving EU economic security and strategic autonomy;
- Facilitating access to procurement information, data and digital tools;
- Enhanced governance, monitoring, and professionalisation;
- Streamlining exclusion grounds into a coherent framework of mandatory and optional exclusionary grounds;
- Integrating horizontal requirements into the relevant Chapters of this Act; and
- Empowering the Commission to make environmental requirements mandatory in certain circumstances.
The proposed Act consolidates the current procurement regime into a single legislative instrument structured around seven (7) parts.
Whilst the first part of the proposed Act maintains the established principles of equal treatment, transparency, proportionality and non-discrimination, the proposal also introduces the concept of “best quality for money” as a guiding principle. This marks a shift away from a procurement culture focused primarily on the lowest price and towards one that prioritises long-term value, quality, and sustainability.
In the second part, the provisions governing public authorities and utilities remain largely recognisable, whilst introducing mechanisms through which exemptions may be sought where specific activities are exposed to direct competition.
The section dealing with economic operators aims to facilitate market access whilst preventing abuses. It sets out mandatory and optional exclusion grounds and introduces clearer rules regarding the financial, technical, and professional capacities that contracting authorities may require from bidders.
The third part of the proposal regulates procurement planning, market consultations, selection processes, and contract valuation, whilst retaining familiar procedures such as open procedures, dynamic purchasing procedures, innovation-focused procurement mechanisms, and contracts undertaken in crisis or emergency situations.
A significant portion of this third part focuses on strategic procurement and is divided into five key areas:
- Green public procurement
- Socially responsible public procurement
- Public procurement of innovation
- Security and resilience considerations
- European preference mechanisms concerning operators and products originating from third countries
This third part also introduces clearer provisions concerning technical specifications, exclusions from procurement rules, contract modifications, and grounds for termination.
The fourth part regulates concession contracts and consolidates the rules governing their award and management. It covers exclusions, procedural requirements, concession duration, and contract management throughout the life cycle of the concession.
The fifth part of the proposed Act, reflects the considerable emphasis on digitalisation placed by the new framework by establishing rules for secure data-sharing systems and a European public procurement data exchange network. It also envisages a more active role for the Commission in supporting eligibility verification and facilitating cross-border participation in procurement procedures.
The sixth partintroduces measures aimed at improving transparency and oversight throughout the procurement system. To this end, the proposal requires the establishment of national public procurement data spaces to support data collection, analysis, and information sharing. It also strengthens governance by requiring Member States to designate national coordinating authorities responsible for monitoring and overseeing implementation of the framework.
The seventh and final part contains the provisions necessary for the implementation of the new regime. It formally repeals the three existing procurement directives and provides for a two-year transitional period to allow contracting authorities, economic operators, and Member States sufficient time to adapt to the new framework.
What does this mean for contracting authorities and economic operators?
If adopted in its current form, the Proposed EU Public Procurement Act would represent the most substantial reform of the EU procurement framework since 2014. By consolidating the existing directives into a single legislative instrument, introducing a stronger focus on strategic procurement and digitalisation, and placing greater emphasis on quality, sustainability, and resilience, the proposal seeks to reshape how public funds are spent across the European Union.
Businesses participating in public procurement markets, as well as contracting authorities responsible for managing procurement procedures, should closely monitor the progress of the proposal, as it is likely to have significant implications for procurement practices throughout the EU.
Talk to our Public Procurement team. We advise contracting authorities, economic operators, and investors on all aspects of public procurement law, including tender participation, procurement challenges, regulatory compliance, and strategic procurement developments at both Maltese and EU level.
