The European Commission is currently working on one of the biggest overhauls in public procurement regulations in the last decade, along with a legislative proposal, which is due to surface in the second quarter of 2026. This reform aims to make procurement less of an administrative shuffle and restructure how public money flows within the European Union.

New spending thresholds came into effect on January 1, 2026, and a public consultation closed on January 26. Although the entire cycle of approval may take up to three years, businesses should consider adapting now.

The New EU Procurement Act: What You Need to Prepare For in 2026-2027

In this article, we explore why the EC decided to revise its procurement directives, how the logic for the Most Economically Advantageous Tenders (MEAT) is changing, what will be different in strategic autonomy for businesses, and what all of this means for organizations that participate in tenders across the EU.

What actually went wrong

In late 2025, the EC published its evaluation of the existing procurement directives. The conclusion was critical, to say the least. From the Commission’s perspective, the existing directives were not equipped to provide the agility, coherence, and strategic focus necessary to address current public procurement issues.

According to the assessment, the average procurement timelines had, in fact, extended from an average of 58 days in 2014 to 62 days in 2025. Similarly, the EC flagged issues with legal certainty due to persistent difficulties with interpreting key definitions.

The original Directive promulgated in 2014 subsequently underwent layers of multiple supplementary pieces of sectoral legislation which, as a result, led to a fair amount of regulatory inconsistency.

Furthermore, the resulting complexity appears to have suppressed competition. The European Court of Auditors data suggests that there was a growing number of tenders that received just one single bid over the years with a steady rise from 23.5% in 2011 to 41.8% in 2021.

There was also a significant decrease in the average number of bidders per procedure from 5.7 to 3.2 within the same timeframe. While the rules were intended to open markets, unfortunately it seems as though they failed to do so leading to the EU Parliament explicitly calling for simplification.

On strategic autonomy

Typically, procurement has been perceived to be a purely administrative function that predominantly revolves around compliance, process, paperwork and so forth but now, it is being reframed as a strategic tool.

There is a substantial body of reports, such as the Draghi Report on European competitiveness, the Letta Report on the single market, and the Commission's Clean Industrial Deal, that position procurement as being a central aspect of the EU's resilience because it would allow it to decrease its dependence on external suppliers

While on paper this does sound like a good approach, there are currently many discussions regarding "European preference" criteria in strategic sectors such as energy, health, digital infrastructure, rail transport, and defense.

Recent European Court of Justice rulings clarified that economic operators from countries without WTO Government Procurement Agreement or bilateral free trade agreements have no rights under EU procurement law. As a result, this creates legal space for preference policies that would have seemed unlikely a few years ago.

There are three kinds of preference criteria starting to emerge:

  1. Security of supply considerations
  2. Contribution to the EU economy (jobs, investment, local capacity)
  3. Integrity factors (labor law compliance, cybersecurity standards, no distortive foreign subsidies).

The Clean Industrial Deal has actually set a target of 40% domestically produced key components for clean tech products. Will that actually survive the legislation process? That remains to be seen, but the direction is pretty clear.

What changes for businesses

So, what does this actually mean if you bid on public contracts?

Sustainability becomes the baseline

Probably one of the most important changes is the transition from voluntary to mandatory Green Public Procurement criteria in key sectors.

Proving you have good environmental credentials will shift from being a ‘nice-to-have’ to an essential requirement.

Technical specifications, selection criteria, award criteria, and contract performance clauses will all be incorporated within sustainability metrics.

More importantly, those metrics must be verifiable and documented.

Just marketing an organization as being ‘green’ simply won’t suffice. Contracting authorities increasingly want life-cycle environmental impact data, not marketing language.

The thresholds shift

In January 1, 2026, the EU's procurement thresholds were tweaked, mostly in a downward direction – €5,404,000 for works contracts, down from €5,538,000. Central government supplies and services? That's now €140,000, down from €143,000. And sub-central government contracts? Those have dropped to €216,000 from €221,000.

As a result, many more contracts will fall under the EU-wide advertising requirements which, in effect, will result in more opportunities for companies to participate in cross-border tenders, more paperwork for contracting authorities and more hoops for bidders to jump through.

EU preference becomes more than just a preference

Expect those EU-focused companies with truly transparent supply chains and a clean compliance record to be sitting pretty in 2026.

Meanwhile, those relying heavily on suppliers outside the EU might want to start seriously thinking about diversifying their supply chain – not because current contracts are giving them grief, but because those in the future will be much more likely to push this diversity.

How this ties into IDAA

Running parallel to the procurement reform is something called the Industrial Decarbonisation Accelerator Act, expected in early 2026.

It may possibly be renamed and become the Industrial Accelerator Act, dropping Decarbonisation from the title but, either way, it will introduce clean, resilient, and circular criteria specifically for energy-intensive sectors.

Steel is being positioned as the trial product. A voluntary carbon intensity label, based on methodology building on the Carbon Border Adjustment Mechanism, will allow producers to identify the carbon intensity of their output and benefit from targeted incentives. If this works with steel, expect it to extend across the electric vehicle value chain and other clean tech sectors.

For construction, this is a big deal. Cement and steel production contribute approximately 10% of EU emissions. Public procurement represents 31% of the cement market, valued at €5.15 billion and 11% of the steel market at €8.3 billion. Research suggests public procurement climate policy could reduce EU cement sector emissions by 21% and steel emissions by 18%.

The revised Construction Products Regulation has already mandated Global Warming Potential disclosure from January 2026. The Energy Performance of Buildings Directive requires all new buildings over 1,000 square meters to calculate and report carbon footprints from 2028 onwards and Environmental Product Declarations are becoming standard documentation.

That's a lot of new requirements converging in a relatively short window.

The timeline question

The way we see it, this is where contractors need to have a good grasp of the timelines and expectations involved.

While the European Commission is expected to put forward its legislative proposal in the second quarter of 2026, it is important to bear in mind that the approval of such legislation will still take quite a bit of time.

As a rough indication, straightforward, simple legislations can take anywhere from between 13 to 18 months to be passed by the European Parliament. However, when the scope of a project is as expansive as EU-wide procurement, it’s safe to expect this will stretch to somewhere between 24 and 40 months.

But that’s just a first step in the whole process. Even if it is approved as a Directive, member states then have around two years to implement it at the national level.

As a result, if the proposal does find its feet in Q2 2026, then takes 24 to 40 months to be approved, and another two years to be turned into law, together with a healthy dose of delays, then it is safe to say that full implementation across the whole of the EU won't happen until late 2029 to mid-2030.

But this is where contractors must have a healthy amount of foresight. While it may appear that these changes are a long way away, failing to position yourself early in a transitioning market could be a serious mistake.

Why early positioning matters

It’s important to underline that the extended timeline shouldn't encourage complacency. If anything, it creates an opportunity for strategic positioning that late movers will miss.

Furthermore, putting environmental documentation in place can be a fairly time-consuming process. Being awarded certifications such as the EU Ecolabel and Environmental Product Declarations doesn’t happen overnight and the same applies to building expertise on MEAT criteria and ETS/CBAM-compliant reporting frameworks.

By adapting early, organizations can influence tender designs as contracting authorities go through the process of developing new criteria. The ‘prepare once, apply multiple times’ principle means that investments in documentation and certification will pay dividends across multiple tenders.

The bottom line

The upcoming public procurement reform is about to significantly change how the EU’s €2.5 trillion of annual procurement is spent.

The future direction is towards sustainability, resilience, and strategic autonomy. Although the legislative timeline may run to the end of the decade, the trajectory is clear – and businesses that wait until the requirements are finalized might just find themselves scrambling to adjust.

The transition period represents a real opportunity. Companies that invest in environmental documentation, staff training, certification and supply chain transparency now will be well positioned not just for compliance but to gain a competitive advantage in a market that will reward demonstrated value over rock-bottom pricing.

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