Standard in Public Procurement 2026

Standard in public procurement: technical standards and codes that may be used in specifications, and their procurement-law limits.

Definition: A standard in the procurement-law sense is a technical code adopted by a recognised standardisation body (e.g. CEN, ISO, ÖNORM, DIN) that may be relied upon as a reference in drafting specifications, provided it does not lead to unjustified restriction of competition.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Art. 42, BVergG 2018 § 98 ff., VgV § 31

Technical standards in public procurement

The use of technical standards in procurement procedures is a key instrument for defining quality and performance requirements, but is subject to strict procurement-law constraints in order to protect competition. Standards allow the contracting authority to formulate standardised requirements without having to define every technical detail itself. At the same time, there is a risk that reference to specific standards may de facto exclude bidders from other Member States whose products conform to other, equivalent standards.

Standards hierarchy in public procurement

Art. 42 Directive 2014/24/EU lays down a binding hierarchy for technical specifications in procurement documents. Contracting authorities must observe the following order:

European standards (EN) adopted as national standards
European technical assessments
Common technical specifications
International standards (ISO)
Other technical reference systems established by recognised European standardisation bodies
National standards, in the absence of European standards

Equivalence clause

The most important procurement-law principle in the use of standards is the obligation to recognise equivalence. Where a contracting authority refers to a specific standard in its specifications, it must add the words "or equivalent". Bidders whose offers comply with technically equivalent but different standards may not be excluded. The burden of proving equivalence lies with the bidder.

National standardisation bodies

Austria: Austrian Standards (formerly ON – Austrian Standards Institute), publisher of the ÖNORM series
Germany: DIN – German Institute for Standardisation
Europe: CEN (European Committee for Standardisation), CENELEC (electrical engineering), ETSI (telecommunications)
International: ISO (International Organization for Standardization)

Related terms

FAQ

Must the contracting authority always refer to standards? No. Standards are a tool, not a requirement. The contracting authority may also describe performance requirements functionally.

May a national standard be referenced where an EU standard exists? Only as a subordinate option. Where a European standard exists, it must be used in preference.

What does "or equivalent" mean in practice? Bidders may offer products that conform to another, technically equivalent standard. They must demonstrate equivalence, e.g. by technical documentation or test reports.

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