Merily Rool participated in the conference "EU Public Procurement anno 2025 – Are the rules fit for purpose?"

Clear objectives: One of the central topics of the conference was the discussion about what objectives the EU public procurement system should serve. Without clear goals, it is challenging to assess whether the current framework is "fit for purpose." There was talk about the need for possible reforms and whether adjusting the existing rules would suffice.

Simplification and digitalization: One key takeaway was that the current legal framework is overly complex and needs simplification. Significant attention was given to ideas for reducing administrative burdens and introducing digital tools. Easing documentation requirements seemed to be an area where consensus was easily reached.

Boosting competition: A very practical and interesting discussion revolved around how to enhance competition in tenders, especially in sectors with low participation. A proposal from Finland, which suggested canceling a tender if only one bidder participates, received support from several participants. This reflected a broader dissatisfaction with the low competition levels.

Attractiveness of public procurement to bidders: The lack of interest from bidders in participating in tenders was also a central concern. Overly demanding requirements and a lack of flexibility make the system unattractive. Good examples were shared of how processes could be made more collaborative and less costly for participants.

Participant diversity and market access: One of the more complex discussions was the access of third-country companies to the EU public procurement market. Recent EU decisions have caused uncertainty, and there was a clear call for harmonized rules that would provide legal clarity and equal opportunities.

Strategic goals and sector-specificity: Strategic procurement practices, such as EU supplier preferences and ensuring supply security, were key discussion points. There was an emphasis on the need for better guidelines and tools to better implement these objectives.

Oversight and legal remedies: Finally, the directive on legal remedies was discussed, along with the possibility of its harmonization. Differences in practice between countries lead to uneven quality of oversight, so it was agreed that reform or updates in this area would also be sensible.

In conclusion, the conference was insightful and timely, highlighting the need for a thorough review of the public procurement system. As a participant, the key future directions should focus on clarity of objectives, simplification, digital development, and balancing participation conditions. The European Commission's next steps on this issue will be of decisive importance.