The European Commission unveiled a draft overhaul of EU public‑procurement rules on 9 September 2026, part of a broader “Buy European” strategy aimed at limiting China’s market share in Europe.
Key provisions of the draft
According to The Guardian, public authorities will be obliged to assign a minimum 30 % weighting to quality criteria when drafting contract conditions, unless they can justify a deviation. For contracts that are labour‑intensive, the minimum quality weighting rises to 50 %, a move framed as a safeguard for decent jobs rather than a race to the lowest price.
The draft also permits purchasers to adopt a “more preferential approach to European bids” and to restrict or reject offers from countries that lack a public‑procurement agreement or do not adhere to binding international procurement rules. Stéphane Séjourné, the EU’s Commissioner for the Internal Market, explained: “Purchasers can have a more preferential approach to European bids and may restrict or reject bids from countries which do not have a public procurement agreement or do not play by binding rules in terms of public procurement internationally.”
Crucially, the proposal abandons earlier plans for binding “made‑in‑Europe” quotas. The Guardian notes that “there will be no binding ‘made in Europe’ quotas,” signalling a softer approach to domestic content requirements.
Numbers at a glance
| Metric | Value | Unit | Period | Source |
|---|---|---|---|---|
| Minimum quality weighting – general contracts | 30 | % | draft proposal (2026) | The Guardian |
| Minimum quality weighting – labour‑intensive contracts | 50 | % | draft proposal (2026) | The Guardian |
| EU public‑procurement market size | 2.6 | trillion euros | annual | The Guardian |
What the rules mean for UK exporters
While the EU market represents roughly €2.6 trillion of annual public‑procurement spend, the draft’s preferential tilt toward European bids could reshape the competitive landscape for firms outside the bloc. The United Kingdom, no longer an EU member, is not automatically classified as a “European” bidder under the new wording.
Because the draft allows authorities to “restrict or reject bids from countries which do not have a public procurement agreement,” UK exporters will need to secure, or already have, a bilateral procurement accord with the EU to avoid exclusion. The Commission has not yet clarified whether existing agreements – such as the post‑Brexit trade‑and‑co‑operation agreement – satisfy the draft’s criteria. As a result, UK firms may face a de‑facto barrier unless they can demonstrate compliance with the EU’s binding international procurement rules.
Even where UK bids are accepted, the mandatory quality weighting forces a shift in tender strategy. A 30 % quality component means that price alone can no longer dominate the evaluation. Suppliers will need to substantiate technical excellence, sustainability credentials, and social value – especially for labour‑intensive contracts where the quality weight jumps to 50 %.
Sectoral implications
Industries that traditionally compete on price, such as construction, IT services, and low‑margin manufacturing, may see tighter margins as they invest in quality documentation and job‑creation metrics. Conversely, firms that already emphasise high‑skill labour, innovation, or environmental standards could find a more level playing field.
One illustrative case is the Chinese security‑equipment maker Nuctech, headquartered in Beijing and founded in 1997. While the packet does not provide current leadership or employee numbers, the company’s core business – scanning and detection equipment – often competes for public contracts across Europe. Under the new rules, a Nuctech bid would be evaluated against the 30 % (or 50 % for labour‑intensive projects) quality threshold and could be outright rejected if the EU classifies China as a non‑EU country without a procurement agreement. The draft’s explicit removal of binding “made‑in‑Europe” quotas does not protect Nuctech; instead, the preferential approach to European bids could further marginalise Chinese suppliers.
Timeline and next steps
The draft was published on 9 September 2026. It now enters the EU legislative process, requiring approval by both the European Parliament and the Council. If adopted, the rules would likely come into force in 2027, giving public authorities and potential bidders a limited window to adjust procurement practices.
Open questions
- Will the United Kingdom negotiate a procurement agreement that satisfies the draft’s “preferential approach” criteria, or will UK firms be treated as non‑European bidders?
- How will individual member states translate the 30 % and 50 % quality weightings into concrete scoring systems?
- What guidance will be issued on what constitutes “labour‑intensive” work, and how will that affect sectors such as construction and manufacturing?
Until the EU finalises the regulation and clarifies the status of third‑country bidders, UK exporters should monitor the legislative debate, assess their current procurement compliance, and consider bolstering quality‑related documentation to stay competitive.