Upcoming EU Public procurement reform
28 August 26 4 mins read
Towards a simpler and more harmonised framework
The European Commission is preparing a major reform of the EU public procurement framework, with the proposed Public Procurement Act aiming to simplify and harmonise procurement rules across the Member States. The proposal would bring the rules currently contained in three separate EU Directives, covering public procurement, utilities and concessions, into a single, directly applicable EU Regulation.
From national transposition to a common EU framework
One of the most significant changes would be the move from Directives to a directly applicable Regulation. Under the current framework, Member States must transpose the EU Directives into national legislation. This gives them considerable room to adapt the rules and, in some cases, introduce additional or stricter national requirements. The differences used to make procurement more complex, particularly cross-border procurement.
The proposed approach would establish a more uniform set of rules and procedures across Member States, with limited scope for additional national rules. This is particularly relevant for Interreg, where beneficiaries and programme bodies operate across different national legal environments. The proposal therefore goes beyond simply consolidating existing legislation. It seeks to make procurement rules simpler, more coherent and more consistent, while strengthening the strategic role of public procurement.
Key changes at a glance
| Current framework | Proposed new approach |
| Three main EU directives covering public procurement, utilities and concessions | A single EU legal framework bringing the three areas together |
| EU directives require national transposition into national legislation | Directly applicable EU regulation |
| Significant scope for Member States to add or adapt national provisions | Harmonisation and simplification, with limited room for extra national rule on top. |
| Different national transposition approaches that complicate cross-border procurement | More consistent rules and procedures across the EU |
| Main focus on compliance and market access | Stronger focus on strategic procurement, competitiveness and resilience |
| Digitalisation developed unevenly across Member States | Uniform, stronger and more coherent digitalisation |
| Environmental, social and innovation objectives often addressed through separate or optional provisions | Integration of environmental, social and innovation considerations |
| Introduction of EU preference criteria |
What does it mean for Interreg?
1. Legal uniformity: directly applicable Regulation could reduce differences resulting from national transposition and provide a clearer common legal framework for procurement across cooperation programmes
2. Less gold plating: limiting the possibility of adding national requirements could contribute to a more consistent procurement environment for Interreg beneficiaries operating across borders.
3. Changes for programmes: Interreg programmes are likely to need to review and, where necessary, update their procurement guidance, control procedures, checklists and approaches for assessing procurement compliance in the context of P-BA.
4. Strategic procurement becomes significant: environmental, social and innovation considerations are expected to become more integrated into procurement processes; this could increase the importance of these aspects in both procurement practice and programme level guidance.
Current status
The Public Procurement Act was announced for Commission adoption on 9 September 2026. The reform marks a shift from nationally transposed rules to a more harmonised approach, potentially simplifying cross-border procurement. However, Interreg programmes need to adapt their guidance and methodologies to align with this legal change.
EC Public Procurement Gazette Newsletter No 34 | July 2026
Read Time: 4 mins
