NACE 21.2 – Manufacture of Pharmaceutical Preparations | Public Tenders

Definition: NACE 21.2 covers the manufacture of finished medicinal products, vaccines, dressings, homoeopathic preparations and other pharmaceutical preparations for direct use in patient care. This group is one of the highest-volume procurement areas in public healthcare — statutory health insurance (GKV) discount agreements, hospital tenders and Bundeswehr procurement make pharmaceutical preparations one of the most significant segments in public procurement.

Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026

What does NACE 21.2 cover?

NACE 21.2 (Manufacture of pharmaceutical preparations and other pharmaceutical products) classifies businesses that manufacture authorised finished medicinal products and other pharmaceutical end products — the core industry for public hospital procurement and statutory health insurance framework agreements.

Group 21.2 within Section C (Manufacturing) and Division 21 (Pharmaceutical industry) covers:

The most procurement-relevant products include prescription medicines (Rx), OTC preparations, vaccines for public immunisation programmes, sterile injectables for clinics, and dressings and wound-care products. Contrast agents for radiology departments and narcotics for anaesthesia departments also fall under this group.

Public tenders: scope of NACE 21.2

Pharmaceutical preparations are one of the most voluminous procurement segments in public healthcare — German GKV discount agreements alone cover an annual procurement volume in the double-digit billions of euros.

Typical contract types

• GKV discount agreements: Tenders by statutory health insurance funds under section 130a SGB V for generics and post-patent active substances; regularly published EU-wide on TED
• Hospital tenders: Direct procurement by clinics (publicly owned) for in-patient medicines supply, frequently through purchasing consortia such as AGKAMED, Cureus or Prospitalia
• Vaccine procurement: Tenders by federal states and federal authorities for mandatory immunisation programmes, influenza-vaccine framework agreements, pandemic preparedness
• Bundeswehr medical services: BAAINBw tenders for military medical material, field medical equipment, emergency medicines and antidotes
• Dressings and wound care: Framework agreements for hospitals, publicly owned care facilities and municipal emergency services
• Narcotics and anaesthetics: Specialist procurement for anaesthesia departments with BtMG compliance

Thresholds and procedure types

Contracts of public contracting authorities (hospitals, federal states, federal government) above EUR 221,000 (supplies) must be tendered EU-wide. GKV discount agreements are subject to GWB procurement law (sections 97 et seq. GWB) above the thresholds. The open procedure is the standard procedure type; for innovative medicines or single active substances without competition, the negotiated procedure without prior call for competition (section 14(4) VgV) applies.

Relevant CPV codes for NACE 21.2

The following CPV codes are the most common search filters for tenders on finished pharmaceutical products on TED and national procurement platforms.

Current tenders are published on TED (Tenders Electronic Daily), on the procurement platform of the Procurement Office of the BMI and on the portals of health-insurance purchasing consortia.

For whom is NACE 21.2 relevant under procurement law?

Public contracting authorities

The most important public contracting authorities in NACE 21.2 are public-law hospitals and university clinics, which as classic public contracting authorities are subject to procurement law, statutory health insurance funds (subject to GWB procurement law for discount agreements under section 130a SGB V), federal states for vaccination programmes and pandemic preparedness, and BAAINBw for military medical material. Municipal emergency services and public care facilities complete the picture.

Companies and bidders

Pharmaceutical manufacturers and traders (wholesalers) as bidders must generally demonstrate:

• Manufacturing licence: Under section 13 AMG and an EU GMP certificate for the relevant production site
• Medicinal-product authorisation: National or EU-wide authorisation by BfArM, PEI or EMA is a mandatory requirement
• Wholesale licence: For wholesalers under section 52a AMG
• Supply security: Evidence of supply and continuity, especially for supply-critical medicines (section 52b AMG — obligation to maintain stocks)
• Cold-chain transport certificates: GDP compliance (Good Distribution Practice) for temperature-sensitive products such as vaccines
• References and turnover evidence: Evidence of comparable supply relationships for tenders with minimum-turnover requirements

NACE 21.2 in context: Section C and Division 21

NACE 21.2 is the highest-procurement-volume segment of Division 21 (Pharmaceutical industry) and one of the largest single items in public healthcare procurement.

• NACE C – Manufacturing: Parent section
• NACE 21 – Manufacture of pharmaceutical products: Parent division
• NACE 21.1 – Manufacture of basic pharmaceutical products: Upstream active-substance manufacture (APIs)
• NACE 32.5 – Manufacture of medical and dental instruments and supplies: Complementary medical devices

Frequently asked questions about NACE 21.2 and public tenders

Are GKV discount agreements under section 130a SGB V public tenders within the meaning of procurement law? Yes — the European Court of Justice and German case law have clarified that GKV discount agreements are subject to GWB procurement law once the thresholds are exceeded. They must be published on TED and awarded under GWB, VgV and UVgO rules.

How do I find current tenders for medicines? EU-wide notices are available on TED under CPV 33600000 and sub-groups. National tenders below the thresholds are on DTVP, Bund.de and the procurement platforms of the federal states.

Which specifics apply to vaccine tenders? Vaccines are frequently procured under the negotiated procedure or framework agreements, since the market is often characterised by patents or limited manufacturers. Seasonal flu vaccines are tendered at state level in Germany; EU-wide pandemic procurement can be coordinated via HERA (Health Emergency Preparedness and Response Authority).

Must pharmaceutical wholesalers also be classified under NACE 21.2? No — wholesalers are allocated to NACE group 46.46 (Wholesale of pharmaceutical goods). NACE 21.2 covers only manufacturing businesses. For tenders, however, both manufacturers and authorised traders can act as bidders.

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