EU Procurement Directives in Public Procurement Law 2026

The 2014 EU procurement directives: the three central EU directives on public procurement. Content, national implementation and relevance for contracting authorities.

Definition: The EU procurement directives are the 2014 European directives on coordinating the procedures for the award of public contracts and concessions – in particular Directive 2014/24/EU (classic procurement), Directive 2014/25/EU (utilities procurement) and Directive 2014/23/EU (concession award) – which fundamentally modernised European procurement law and had to be transposed into national law by April 2016.

Last updated: January 2026 · Legal basis: Directives 2014/24/EU, 2014/25/EU, 2014/23/EU, Remedies Directives 89/665/EEC, 92/13/EEC as amended by 2007/66/EC

What are the EU procurement directives?

The 2014 EU procurement directives form the foundation of European public procurement and are regarded as the most comprehensive reform of EU procurement law in decades. They replace the previously applicable directives of the 2004 generation (Directives 2004/18/EC and 2004/17/EC) and aim to make public procurement more efficient, more transparent and more sustainable, and to facilitate access for small and medium-sized enterprises (SMEs).

As EU directives, the procurement directives are not directly applicable; they oblige the Member States to transpose them into national law. They do, however, set minimum standards that cannot be undercut nationally.

The three central EU procurement directives

Directive 2014/24/EU – Classic procurement

Directive 2014/24/EU is the most important EU procurement directive and governs the award of public supply, works and service contracts by classic public contracting authorities. It contains rules on:

Procedure types (open procedure, restricted procedure, negotiated procedure, competitive dialogue, innovation partnership)
Thresholds and publication obligations
Selection and award criteria (including life-cycle costing, social and environmental criteria)
Framework agreements, dynamic purchasing systems, electronic auctions
Central purchasing and joint procurement
Modifications of contracts during their term
Mandatory eProcurement (Art. 22)

Directive 2014/25/EU – Utilities procurement

Directive 2014/25/EU governs the award of contracts by utilities contracting entities in the water, energy, transport and postal services sectors. Utilities contracting entities enjoy greater procedural flexibility than classic public contracting authorities, including in the choice of procedure type and the setting of deadlines. The EU thresholds in the utilities sector are considerably higher (e.g. EUR 443,000 for supply and service contracts instead of EUR 143,000).

Directive 2014/23/EU – Concession award

Directive 2014/23/EU is the first stand-alone EU directive on the award of concessions – an area previously covered only in part by EU procurement law. It applies to works and service concessions with a value of at least EUR 5,538,000. A defining feature of concessions is that the concessionaire bears the operating risk.

Remedies Directives

The substantive procurement directives are flanked by the Remedies Directives, which guarantee tenderers effective review and remedy procedures.

Directive 89/665/EEC (classic procurement, as amended by Directive 2007/66/EC): obligation on Member States to establish effective review procedures, including standstill periods and access to independent review bodies.
Directive 92/13/EEC (utilities procurement): corresponding remedies rules for the utilities sector.

Key changes compared with the 2004 generation

The 2014 procurement reform fundamentally modernised European procurement law and brought it into line with the economic and technological realities of the 21st century.

Mandatory eProcurement (Art. 22 of Directive 2014/24/EU): electronic communication as standard
European Single Procurement Document (ESPD): simplified self-declaration as proof of eligibility
Innovation partnership: new procedure type for the development of innovative products and services
Sustainability: stronger integration of environmental, social and innovation aspects
SME friendliness: facilitations for small and medium-sized enterprises (division into lots, easier eligibility evidence)
Contract modifications: explicit regulation of permissible contract modifications for the first time (Art. 72)
Conflicts of interest and corruption: sharper rules on avoiding conflicts of interest (Art. 24)

National implementation

Austria

In Austria implementation was carried out by the Federal Procurement Act 2018 (BVergG 2018, BGBl. I No 65/2018), which entered into force on 21 August 2018. BVergG 2018 governs the award of public contracts and concessions both above and below the EU thresholds.

Germany

In Germany implementation was carried out in several steps:

GWB reform 2016: §§ 97–184 GWB (above-threshold area)
VgV (Procurement Ordinance), SektVO (Utilities Ordinance), KonzVgV (Concessions Procurement Ordinance)
VOB/A EU (works contracts in the above-threshold area)
UVgO (Below-Threshold Procurement Ordinance, 2017, not nationally binding)

Related terms

FAQ

Are the EU procurement directives directly applicable? No. As directives they are addressed to Member States and must be transposed into national law. In Austria the BVergG 2018 applies; in Germany the GWB together with VgV etc.

What thresholds apply under the EU procurement directives? EU thresholds are adjusted by the European Commission every two years. For 2024/2025 they are: EUR 143,000 (supply/service contracts of classic contracting authorities), EUR 443,000 (utilities), EUR 5,538,000 (works contracts).

What is the difference between EU procurement directives and EC procurement directives? The EC procurement directives (2004 generation) were replaced by the EU procurement directives (2014 generation). Substantively they are fundamentally different regimes.

Do the EU procurement directives also apply to Swiss undertakings? Switzerland is not an EU member, but has access to EU-wide procurement procedures via the bilateral agreement on certain aspects of public procurement.

Last updated: January 2026 All information without warranty. For legally binding advice please consult a law firm specialising in public procurement.