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Evaluation of EU’s 2014 Procurement Directives under the microscope
The Commission’s fresh evaluation of the 2014 procurement package (Directives 2014/23, /24, /25) finds partial success—with big wins on transparency and SME access, but persistent complexity, data gaps, and falling bid numbers. A revision is now on the table.
(Article by Nohrcon / AI)*
Public buyers in the EU spend about 15% of GDP via procurement; roughly a quarter of that (≈ €616bn/year) runs under EU rules—triple the EU’s annual budget. When the rules are heavy or unclear, it slows projects, chills competition, and risks poorer value.
Key findings from the evaluation of the public procurement directives
- Legal certainty: mixed. The 2014 reform didn’t fully deliver clarity on who and what is covered (actors, subject-matter). Utilities’ opt-out works better; concessions saw more certainty but still spur case-law.
- Procedures: only partly simpler. The toolbox expanded, but practice didn’t shift much: open procedure dominates (up from 73% pre-reform to 82% post-reform), while some flexible procedures remain underused. Many authorities still experience more complexity (incl. national “gold-plating”).
- Competition: pressure points. Notices and total value rose, yet average bids per tender fell (from 5.4 to 3.4). Single-bidder shares increased; direct awards stayed roughly stable (EU avg. ~3.44%).
- SMEs: strong participation. SMEs win 71% of contracts on TED (55% by value), up from 64% (47% value) pre-reform—especially where lots are used.
- Cross-border: modest direct, notable indirect. Only ~2–4% of awards/values go directly to foreign firms, but indirect cross-border activity is ~20%, reflecting integrated supply chains.
- Strategic goals: uneven uptake. Green/social criteria are growing but inconsistent; innovation procurement remains very low. MEAT usage patterns vary with tender mix.
- Digital & data: untapped potential. eProc is seen as faster/lower-burden by many, but ESPD underdelivered and systems remain poorly integrated in several countries—fueling re-submission and admin load. Data quality gaps (e.g., missing award criteria, durations, price weights) undermine transparency and anti-corruption.
- Professionalisation: gaps persist. Skills, capacity, and retention challenges endure; demand for advanced competencies is rising with policy complexity.
- Costs vs. benefits: Average procedure cost ≈ 1% of contract value (≈ €43k in 2019–24). Each additional bid cuts prices by ~2.5%, indicating strong returns from higher competition.
The Commission’s bottom line
Objectives have been partially met, but today’s framework “lacks the agility, coherence and strategic focus” needed for competitiveness, security and sustainability priorities. A revision is signalled by the Commission leadership.
What to watch next (for buyers & suppliers)
- Likely simplification moves (fewer burdens, clearer scope, better alignment across sectoral laws).
- Push for better data and deeper eProc integration (quality fields mandatory, interoperability).
- Stronger skills & capacity initiatives for procurement teams.
- Continued emphasis on SME access, strategic (green/social) goals, and fair competition.
*This article may contain errors and does not constitute legal advice or guidance.
Sources: European Commission, Executive Summary and Full Evaluation of the 2014 Public Procurement Directives, 14 Oct 2025 (SWD(2025) 333 & 332).
Read the Publication of the Evaluation of the Public Procurement Directives.
PS. In the Executive Summary, the EC highlights:
“The increasing complexity of procurement, linked to the alignment with broader strategic policy goals and geopolitical and technological challenges, has only reinforced the need for a highly skilled procurement workforce and administrative capacity.“
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