Recommendations for Competitive and Resilient EU Public Procurement
The reform of EU public procurement rules should simplify procedures, reward quality and strengthen security of supply. Technology Industries of Finland (TIF) supports these objectives. However, new requirements must remain proportionate, technology-neutral and compatible with the EU’s international trade commitments. The reform should reduce, not increase, administrative burden.
Our key recommendations are:
- Safeguard fair competition
Finland should retain the possibility to apply stricter rules to controlled-entity procurement under Article 80. A controlled entity should choose between supplying its controlling public buyer and acting as a central purchasing body. Combining both roles risks circumventing competitive tendering.
- Build resilience without broad origin restrictions
Resilience should be based on diversified supply chains, reliable partners and risk-based security-of-supply requirements. Origin-based exclusions should be limited to strategic dependencies identified at EU level.
Any European preference measures must comply with the WTO Agreement on Government Procurement and EU trade agreements. If origin criteria are introduced, companies need a binding, free and digital tool for determining origin under the Union Customs Code.
- Harmonise cybersecurity requirements
Cybersecurity requirements should reflect documented risks and align with the Cyber Resilience Act, NIS2 and EU certification schemes. The Regulation must avoid overlapping national requirements.
Article 69 should cover critical infrastructure and its components. Certification should remain voluntary except in clearly defined high-risk cases. Stockpiling and continuity requirements must be risk-based, with clear rules for pricing and compensation.
- Reward quality and use market dialogue
Market consultation should normally precede publication of a tender. The best price-quality ratio should be the default under Article 98, with quality weighted at least 30%, or 50% in labour-intensive procurement.
Life-cycle costing should recognise energy efficiency, durability and maintenance costs. Sustainability criteria should be clear, technology-neutral and primarily defined in substantive EU legislation.
- Deliver genuine simplification
Digitalisation must generate measurable savings and facilitate cross-border participation. Article 101 should also address possible third-country subsidies behind abnormally low tenders, in coordination with the Foreign Subsidies Regulation.
The final framework should combine open competition, quality and security of supply without creating unnecessary barriers in global value chains.
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