Public procurement accounts for about 15% of the EU's GDP and is one of the main markets available to businesses. Yet, according to the European Commission, in recent years the participation of SMEs and operators from other Member States has remained limited, while the complexity of the procedures continues to pose an obstacle.
This is where the new Public Procurement Act begins, presented by the European Commission on 9 September 2026: a proposal for a regulation aimed at simplifying the European public procurement system and making it more coherent, digital, and strategic.
For the moment, this is a legislative proposal. The new provisions are therefore not yet applicable, but the dossier deserves attention from businesses that work, or intend to work, with public administrations in Belgium and other European markets.
A single European framework instead of three directives
Uno dei cambiamenti più significativi riguarda la struttura stessa delle regole.
The Commission proposes to replace the three European directives of 2014 on procurement, utilities, and concessions with a single directly applicable regulation. The aim is to reduce the fragmentation caused by the different ways in which the rules have been transposed in the Member States and to create a more uniform framework for administrations and economic operators.
The proposal also introduces a simpler procedural structure, mainly based on an open procedure and a dynamic procedure, accompanied by a specific tool for the purchase of innovative solutions.
A change that may be of particular interest to SMEs also concerns the selection criteria: the text proposes to limit the requirements to what is actually necessary and proportionate, reducing the reliance on excessive requests in terms of turnover and narrowing the cases in which prior experience in the public sector may be required.
Not just price: quality, innovation and sustainability
La revisione proposta guarda anche al modo in cui vengono selezionate le offerte.
The Commission intends to strengthen the weight of the relationship between price and quality, further integrating environmental, social and innovation-related considerations into public procurement.
On the environmental front, the new framework should facilitate the introduction of related criteria, for example, on circularity, energy efficiency, recycled materials and waste recovery. At the same time, social aspects such as inclusion, working conditions, accessibility and skills development are being valued.
A specific approach to innovation procurement is also planned, which would allow administrations to start from a need or a challenge to be solved, rather than defining a rigid technical solution from the outset.
More digital and more European
Un altro elemento centrale riguarda la digitalizzazione.
The proposal aims at building a more integrated European ecosystem, capable of connecting the various national e-procurement systems. Among the expected innovations are digital profiles of companies and reusable business credentials, according to the once-only principle: information already provided should not be requested again for each procedure.
The objective is to reduce administrative burdens and also facilitate cross-border participation, a particularly relevant aspect for companies that want to compete in tenders outside their national market.
The proposal also assigns an increasingly strategic dimension to procurement, introducing tools related to supply security, the resilience of value chains and, in certain circumstances, the possibility of applying European preference criteria in compliance with the Union's international commitments.
What it means for businesses
For an SME, the Public Procurement Act does not mean new rules to apply from tomorrow. However, it does mean that the European procurement market could become more uniform and, at least in the Commission's intentions, more accessible to smaller operators.
Less fragmentation among member states, more proportionate requirements, interoperable digital procedures and greater openness to innovation could reduce some of the barriers that currently make it complex to participate in public tenders, especially across borders.
For Italian companies active in Belgium or interested in the European market, it will therefore be important to follow the legislative process and understand which elements of the proposal will be confirmed in the final text.