Key takeaways
- The draft Regulation fundamentally shifts public procurement away from a price-driven exercise towards a strategic policy instrument. Lowest-price awards would become exceptional, with mandatory quality weightings, strengthened green and social procurement obligations, formalised market consultations, and new "Buy European" mechanisms. Contracting authorities will be expected to use procurement not only to acquire goods and services, but also to advance broader economic, environmental and societal objectives.
- By replacing the current Directives with a directly applicable Regulation, the Commission aims to eliminate national implementation differences and create a uniform procurement framework across the EU. This is complemented by a major digital transformation, including the abolition of the ESPD, the introduction of a European electronic eligibility service, and the creation of an interoperable EU procurement marketplace. Together, these measures seek to reduce administrative burdens, increase transparency, and facilitate cross-border participation.
28 July, 2026
A leaked draft of the European Commission's proposed Public Procurement Regulation reveals a sweeping reform of EU procurement law. If adopted, the new rules would replace the three existing 2014 Directives – on classical procurement, utilities, and concessions – with a single, directly applicable Regulation. Key developments include:
One Regulation to replace three Directives. The consolidation into a single Regulation means no national transposition, no more divergent implementation, and no more "gold-plating."
New procedures. The familiar open and restricted procedures are replaced by an open-negotiated procedure (the new default), a dynamic simplified procedure for standard off-the-shelf purchases, and an innovation challenge procedure for co-creating solutions to societal challenges. The number of grounds for direct award without competition is significantly reduced.
Best price-quality ratio becomes mandatory. Awarding on lowest price alone becomes the exception. A minimum quality weighting of 30% — rising to 50% for labour-intensive contracts — will apply to all award decisions, subject to a narrow "comply or explain" mechanism.
"Buy European" provisions. The draft introduces a framework for European preference requirements: contracting authorities may restrict participation, require minimum EU content, or grant evaluation preferences to European suppliers. The Commission will have delegated power to close specific procurement procedures to non-covered third-country operators in strategic sectors.
Needs Plan replaces optional prior information. Contracting authorities will be required to publish a Needs Plan at the start of each budgetary period, improving market predictability. Market consultations are formalised as a standard preparatory step.
ESPD abolished – replaced by an electronic eligibility service. The European Single Procurement Document is replaced by a digital eligibility system built on verified business credentials, implementing the once-only principle and enabling automated compliance checks.
Mandatory green and social procurement. Green procurement requirements – previously scattered across sectoral legislation – are consolidated into the Regulation. Social criteria, including supply chain human rights obligations and accessibility requirements, are similarly structured and strengthened.
Expanded digital infrastructure. The draft establishes a common EU digital procurement marketplace with interoperable national and EU-level data spaces, aimed at reducing administrative burden and improving monitoring, anti-fraud controls, and SME access.
What comes next? The draft is an early — and leaked — internal Commission document. It must still complete the full legislative process, including review by the European Parliament and the Council. Entry into force would follow publication in the Official Journal, with application deferred by two years to allow for implementation. For Belgium, the impact will be significant: contracting authorities and bidders alike would be well advised to monitor developments closely and begin assessing the operational consequences now.
Action points
- Review your current procurement framework and identify areas likely to be affected.
- Engage early with EY Law procurement advisors to prepare your organisation for a potentially fundamental shift in the EU procurement landscape.
- Contact your EY Law contact person in case of questions.
Authors:
- Philip Peerens, Partner at EY Law
- Kristof Langens, Senior Associate at EY Law
