Rud Pedersen Brussels

What the Commission proposes

The European Commission proposes a revision of EU public procurement rules through a new regulation that repeals the existing 2014 directives on public procurement, utilities, and concessions. The initiative aims to modernize and simplify rules, reduce administrative burdens, and enable preferences for European products in strategic sectors to secure supply chains and add EU value. It also amends multiple sector-specific regulations and directives containing procurement provisions to improve coherence and transparency. Furthermore, the proposal addresses high administrative burdens and legal uncertainty identified in previous evaluations regarding public buyers and businesses.

• Revises and replaces Directives 2014/23/EU, 2014/24/EU, and 2014/25/EU with a single Public Procurement Act regulation.
• Enables preference for European products in strategic sectors to ensure security of supply and EU added value.
• Aims to modernize and simplify rules, specifically considering EU start-ups and innovators.
• Amends various sector-specific regulations and directives that contain public procurement provisions.
• Addresses administrative burdens and legal uncertainty that currently affect public buyers and businesses, including SMEs.

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1. PREFERRED OPTION 8.1. Chosen Options Based on the above problem definition, description of options and assessment of the impact of policy options, the following combination is chosen for this EU intervention: Table 9: Comparison of options Specific objectives 1. Simplify and promote flexibility in procurement procedures and increase legal clarity and coherence of applicable rules (FLX) 2. Increase the uptake of environmental, social and innovation public procurement and provide a more coherent legal framework (ESI) 3. Improve EU economic security and strategic autonomy in public procurement, promoting a coherent legal framework (BEU) 4. Facilitate access to public procurement information, data and IT tools (MPL)

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2. EN 1 EN EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal This explanatory memorandum accompanies the proposal for a Regulation on Public Procurement, revising the 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 and amending various sectoral acts with regard to provisions on public procurement therein. Every day, across the European Union, public authorities award contracts for goods, services and works that shape the daily lives of citizens, whether it be the roads they travel on, the energy that powers their homes or the school buildings that shape their childrens’ futures.

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3. EN 50 EN (a) Danshögskolan; (b) Datainspektionen; (c) Departementen; (d) Domstolsverket; (e) Dramatiska institutet; E: (a) Ekeskolan; (b) Ekobrottsmyndigheten; (c) Ekonomistyrningsverket; (d) Ekonomiska rådet; (e) Elsäkerhetsverket; (f) Energimarknadsinspektionen; (g) Energimyndighet, statens; (h) EU/FoU-rådet; (i) Exportkreditnämnden; (j) Exportråd, Sveriges; F: (a) Fastighetsmäklarnämnden; (b) Fastighetsverk, statens; (c) Fideikommissnämnden; (d) Finansinspektionen; (e) Finanspolitiska rådet; (f) Finsk-svenska gränsälvskommissionen; (g) Fiskeriverket; (h) Flygmedicincentrum; (i) Folkhälsoinstitut, statens; (j) Fonden för fukt- och mögelskador; (k) Forskningsrådet för miljö, areella näringar och samhällsbyggande, Formas; (l) Folke Bernadotte Akademin; (m) Forskarskattenämnden; (n) Forskningsrådet för arbetsliv och socialvetenskap; (o) FortifikationsverketForum för levande historia;

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What the Commission proposes

The proposal introduces a Council Directive, known as the Omnibus on Taxation, which amends six existing directives in the field of direct taxation to simplify the EU corporate tax framework and support business growth and competitiveness. It aims to reduce administrative and compliance burdens for cross-border activities while maintaining high standards of protection against tax avoidance and abusive practices. The initiative aligns existing rules with international tax developments, such as the Pillar Two global minimum tax, and addresses procedural and legal obstacles in areas like withholding taxes and corporate reorganisations. Overall, the measures seek to improve legal certainty and ensure the coherent functioning of the internal market without lowering tax standards.

• Amends Directives 2003/49/EC, 2009/133/EC, 2011/96/EU, (EU) 2016/1164, (EU) 2017/1852, and (EU) 2025/50.
• Simplifies the Union framework on direct taxation to reduce compliance costs for businesses.
• Eliminates overlapping provisions and addresses practical issues arising from the interaction with the Pillar Two Directive.
• Removes procedural barriers and legal uncertainty linked to withholding tax relief.
• Maintains existing safeguards and high levels of protection against tax avoidance and evasion.

What is asked: Respondents expressed their views on simplifying existing EU tax rules to improve the functioning of the internal market and enhance Europe's attractiveness for investment and business.

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1. 38 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions (Commission Staff Working Document), The EU Startup and Scaleup Strategy, COM(2025)270 final, pages 53 and 54. 39 M. Draghi, The future of European competitiveness (Part A, A competitiveness strategy for Europe), September 2024. 40 Ibid, p. 6. 41 European Law Institute, For a European Approach to R&D Tax Incentive(s), 2021. 42 D. D’Andria, D. Pontikakis, A. Skonieczna, Towards a European R&D Incentive? An assessment of R&D Provisions under a Common Corporate Tax Base, Working Paper No 69 - 2017, p. 4. 43 OECD R&D statistics released on 31 March 2026, cf. https://www.oecd.org/en/data/insights/statistical- releases/2026/03/oecd-overall-rd-growth-stable-government-rd-budgets-decline-and-reorient-towards-defence.html.

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2. EN 1 EN EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL • Reasons for and objectives of the proposal This initiative was announced in the Commission Work Programme 2026 as part of the Commission’s broader agenda to simplify Union legislation, reduce unnecessary administrative burdens and strengthen the competitiveness of the internal market. In recent decades, the Union’s framework on direct taxation has developed considerably in response to the growing impact of globalisation and the digital economy, the rise of aggressive tax planning strategies and practices and the need to strengthen the functioning of the internal market while safeguarding its integrity. In particular, the Union has adopted a broad range of directives aimed at ensuring fair taxation, preventing tax avoidance and facilitating cross-border activities within the internal market.

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3. 9 The Draghi report on EU competitiveness 10 European Commission, ‘A competitiveness Compass for the EU’, COM (2025) 30 Final 11 Among the key objectives of the Savings and Investment Union is the breaking down of barriers to integrated financial markets and supporting investments, as explained here: https://finance.ec.europa.eu/regulation-and-supervision/savings-and-investments-union_en#what 12 ‘Commission Recommandation of 2 July 2025 on tax incentives to support the Clean Industrial Deal and in light of the Clean Industrial Dearl State aid Framework’, C(2025) 4319 final. 13 Directive (EU) 2017/1132 of the European Parliament and of the Council of 14 June 2017 relating to certain aspects of company law (OJ L 169, 30.6.2017, p. 46, ELI: http://data.europa.eu/eli/dir/2017/1132/oj).

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What the Commission proposes

The European Commission has published an impact assessment and legislative review concerning Directive 2003/87/EC and Decision (EU) 2015/1814 on the EU Emissions Trading System (EU ETS) and the Market Stability Reserve. This initiative serves as the first part of a broad post-2030 framework package aimed at driving competitiveness and cost-effective decarbonisation. It evaluates how stationary installations, aviation, and maritime sectors can deliver necessary emission reductions while ensuring carbon leakage protection and orderly market functioning. The review addresses the shrinking supply of allowances and adapts the system to align with intermediate 2040 targets and 2050 climate neutrality goals.

• Reviews the EU ETS and the Market Stability Reserve to prepare for post-2030 climate targets.
• Assesses pathways toward the 2050 climate neutrality goal and the intermediate 2040 target.
• Focuses on industrial sectors, maritime transport, and aviation to ensure cost-effective decarbonisation.
• Examines carbon leakage protection, free allocation benchmarks, and the funding transition through EU revenues.
• Analyzes market functioning and allowance supply adjustments to prevent trading frictions and price volatility.
• Accompanies related proposals simplifying monitoring, reporting, and verification regulations.

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1. EN 10 EN contracts for difference, as part of a broader objective to mobilise EUR 100 billion for industrial decarbonisation. This proposal also extends the Innovation Fund and the Modernisation Fund. Endowed with 200 million allowances, the Innovation Fund will support innovative industrial technologies for industry and clean-tech manufacturing. The Modernisation Fund will channel the revenues resulting from the auctioning of 2,5% of the Art. 9 cap to lower-income Member States to modernise energy infrastructure, expand renewables, strengthen grids, improve energy efficiency, and support technologies such as carbon capture and storage (CCS). 2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY • Legal basis Articles 191, 192 and 193 of the Treaty on the Functioning of the European Union empower the EU to act to preserve, protect and improve the quality of the environment;

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2. The proposed reforms maintain the existing compliance framework of the EU ETS, while introducing new obligations and compliance actions on specific groups of operators and administrations during the 2031-2040 period. Therefore, the preferred option introduces measures that are expected to affect transversely different stakeholders, including industry, SMEs and micro-enterprises, public authorities, and citizens. 1.1. Effects on regulated entities 1.1.1. Stationary installations Installations already covered by the EU ETS (in sectors such as electricity and heat generation, steel, cement, chemicals, refining, pulp and paper, and other energy-intensive industries) remain the main regulated entities. The measures contained in the preferred option affect them in a number of ways:

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3. • Availability of financial funding to support CAPEX and OPEX • Availability of low carbon electricity at competitive prices • Availability of green hydrogen • Availability of biofuels • Availability of a support infrastructure for CCS The ability to finance investments in these areas is partly linked to the phase-out of free allocation, since alternative uses within the EU ETS determines some of the support available for decarbonization through EU-wide instruments (such as the Innovation Fund and Industrial Decarbonisation Bank) and from Member States’ shares of auction revenues. Beyond mechanisms linked to EU ETS, the argument was consistently advanced from a range of industrial stakeholders that the success of the transition to a net-zero economy will depend upon there being sufficient demand in the future for low carbon goods within the EU.

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What the Commission proposes

The European Commission has launched a public consultation on territorial supply constraints, which are limitations imposed by large manufacturers to prevent retailers from buying products in one Member State and reselling them in another. These practices fragment the Single Market, limit consumer choice, and lead to significant price differences for daily consumer goods across the EU. The initiative aims to introduce new tools to address these constraints beyond situations currently captured by competition law, as announced in the May 2025 Single Market Strategy. This consultation gathers input from stakeholders to better understand the impact and scale of these supply restrictions.

• Territorial supply constraints hinder retailers from buying goods in one Member State to resell in another
• Such practices fragment the Single Market and limit consumer choice
• They contribute to significant price differences for daily consumer goods across the EU
• The initiative follows the Single Market Strategy announced in May 2025
• New tools are proposed to address these constraints beyond existing competition law

What is asked: Respondents are asked to provide information and comments on territorial supply constraints, their impact on the Single Market, consumer choice, and retail prices, as well as views on potential tools to address them.

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What the Commission proposes

The European Commission is conducting a review of the scope, functioning, and efficiency of Regulation (EU) 2022/1031 on the International Procurement Instrument (IPI). The review evaluates the implementation of the regulation, including investigation processes, consultations, thresholds, exceptions, and the first adopted IPI measure regarding medical devices from China. It aims to assess the instrument's effectiveness in tackling procurement barriers in non-EU countries and ensuring a level playing field for EU operators. The findings will be presented in a report to the European Parliament and the Council by August 2027.

• Review of the scope, functioning, and efficiency of the IPI Regulation pursuant to Article 14.
• Assessment of investigation procedures, third-country consultations, thresholds, and types of measures.
• Evaluation of the application and implementation of the first IPI measure concerning Chinese medical devices.
• Analysis of the efficiency of online complaint tools and rules for determining origin.
• Execution of a 12-week online public consultation through the Have your say portal.
• Publication of a factual summary of consultation results and an implementation report to the European Parliament and the Council.

What is asked: Respondents are asked to provide views and evidence on the implementation, scope, functioning, and efficiency of the IPI Regulation in tackling non-EU procurement barriers, achieving market openness, and ensuring a level playing field, as well as the application of specific measures adopted under the Regulation.

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1. 4 We are consulting stakeholders to assess the implementation of the IPI Regulation in terms of: - the scope, functioning and efficiency of the Regulation in tackling non-EU countries procurement barriers, achieving openness of non-EU countries public procurement markets and ensuring a level playing field for EU businesses, goods, services and works; - implementation of specific measures adopted under the IPI Regulation. Target audience The target audience is composed of, in particular, interested parties affected by measures or practices in non-EU counties (e.g. businesses, business associations and cross-industry organisations), EU contracting authorities and EU contracting entities.

   Report from the Commission to the European Parliament and to the..., page 4 (EN)

2. CALL FOR EVIDENCE FOR AN INITIATIVE This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities. We ask these groups to provide views on the Commission’s understanding of the problem and possible solutions, and to give us any relevant information they may have. TITLE OF THE INITIATIVE International Procurement Instrument review LEAD DG - RESPONSIBLE UNIT Directorate-General for Trade & Economic Security - Unit B.3, Digital Trade, Intellectual Property and Public Procurement

   Report from the Commission to the European Parliament and to the..., page 1 (EN)

3. 2 A. Political context, problem definition and subsidiarity check Political context The International Procurement Instrument Regulation (IPI Regulation), which entered into force on 29 August 2022, aims to improve reciprocal access to international procurement markets in areas not covered by international commitments under the Agreement on Government Procurement or bilateral free trade agreements. The IPI Regulation tackles procurement barriers in non-EU countries by empowering the European Commission to initiate investigations against alleged restrictions in third- country procurement markets and consult with the countries concerned to encourage market opening. If consultations do not lead to satisfactory results, the EU may restrict access to its procurement market for companies, goods and services from countries that continue applying restrictions to EU firms.

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