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The European Commission is working on an update of the procurement directives. The current directives date back to 2014.
Today, the so-called consultation phase has been completed, marking the next step in the development of European procurement rules and legislation. The market input has now been published on the European Commission's website. Over 300 responses have been received.
The content of these responses varies widely and clearly reflects the interests of different parties. For example, contracting authorities are advocating for reducing procurement obligations (such as the municipality of Westland, which argues that banking services should no longer be subject to procurement requirements). Market parties have also voiced their opinions, suggesting measures such as legally limiting the liability of bidders, extending the reference period to 10 or even 15 years, and prohibiting awarding contracts based on the lowest price for certain assignments.
In the third quarter of 2025, we will hear more from the Commission, and the expectation is that the new directives will be ready in 2026.
We will keep you informed. For questions about procurement, contact Menno de Wijs, attorney-at-law Procurement Law.
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