Overview of the key changes in the proposal
On 9 September 2026, the European Commission adopted a proposal for a new regulation on public contracts and concessions (Public Procurement Act, COM(2026) 590), which aims to fundamentally modernise and simplify EU public procurement rules. If adopted, the proposal will replace the current three directives – Directive 2014/23/EU on the award of concession contracts, Directive 2014/24/EU on public procurement and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors – with a single, directly applicable regulation. The reform addresses long-standing shortcomings in the existing system, including declining competition, limited participation of small and medium-sized enterprises, and the low volume of cross-border public procurement.
Why a regulation and no longer directives?
The key structural change in the proposal is the shift from directives, which Member States transpose into national legislation, to a directly applicable regulation. This will create a more uniform and predictable legal framework for public procurement and reduce the inconsistencies resulting from the various transposition options available under national law. For Slovenia, this means that the fundamental procedural rules will no longer be the result of transposition into the Public Procurement Act (ZJN-3), but will stem directly from the EU regulation. National legislation will still be needed for matters that the regulation leaves to Member States, in particular regarding institutional arrangements and legal remedies.
Key changes in the proposal
Area |
What does the proposal bring? |
Simplification of procedures |
The number of basic procedures is reduced from five to three: the open procedure, the dynamic procedure and a special innovation procedure. All procedures allow greater flexibility, including the possibility of negotiations with tenderers. |
Best price-quality ratio |
The standard for awarding public contracts becomes the best price-quality ratio. Quality criteria must, as a rule, represent at least 30% of the tender evaluation, and at least 50% for labour-intensive contracts, applying the “comply or explain” principle. |
European preference |
The proposal introduces a horizontal framework for giving preference to European products. The Commission may restrict the scope of application where a market access analysis identifies unfair treatment by a third country, or where restrictions are necessary to protect security of supply or economic security. |
Digitalisation |
Establishment of an integrated digital public procurement marketplace consisting of interconnected and interoperable Member State platforms. Introduction of the “once-only” principle and electronic verification of exclusion grounds. |
Security and resilience |
Public buyers will be required to address risks related to security, including public safety, sensitive information, cybersecurity and undue third-country influence. New provisions support the diversification of supply chains and crisis preparedness. |
Adoption, entry into force and application
The proposed regulation must go through the ordinary legislative procedure before it can be adopted and enter into force, meaning that the European Parliament and the Council of the European Union will negotiate on the text. Given the scope and political sensitivity of certain provisions – in particular the rules on European preference – the text may still change significantly during the legislative process.
Once adopted and published in the Official Journal of the European Union, the regulation will enter into force on the twentieth day following its publication. However, it will only become applicable two years after its entry into force. The delayed application is envisaged due to the scale of the reforms, including the establishment of a common digital ecosystem and data spaces, the strengthening of strategic public procurement rules, and new requirements in the area of governance and monitoring.
On the date the regulation becomes applicable, Directives 2014/23/EU, 2014/24/EU and 2014/25/EU will be repealed, and references to the repealed directives will be construed as references to the new regulation. The Commission will carry out an evaluation of the regulation seven years after its entry into force.
Slovenia: response and expectations
The Ministry of the Interior and Public Administration welcomed the publication of the proposal and assessed that it represents an important step towards modernising the European public procurement system. Slovenia was actively involved in the preparation of the reform and is satisfied that the proposal incorporates a number of suggestions it had advocated, including a reduction in the number of procedures, the possibility of establishing a list of qualified tenderers, a higher degree of digitalisation and broader possibilities for negotiations. Slovenia advocates that the final solution preserve the fundamental principles of public procurement – transparency, competition and the economical use of public funds – and that the system be sufficiently flexible to be adapted to Slovenian needs.
Key Facts
Proposal |
COM(2026) 590 – Regulation on public contracts and concessions (Public Procurement Act) |
Date of publication |
9 September 2026 |
Legal basis |
Article 114 TFEU |
Legislative procedure |
Ordinary legislative procedure (co-decision of the European Parliament and the Council) |
Entry into force |
Twentieth day following publication in the Official Journal of the EU |
Application date |
Two years after entry into force |
Repealed directives |
Directives 2014/23/EU, 2014/24/EU and 2014/25/EU |
Expected savings |
Approximately EUR 650 million per year (of which EUR 570 million for economic operators and EUR 80 million for public buyers) |
Evaluation |
Seven years after entry into force |
How can we help?
The proposed new Public Procurement Regulation introduces fundamental changes that will affect public buyers and tenderers. Until the new legislation enters into force, the existing national rules continue to apply. Our team is happy to assist you with any questions regarding public procurement.
