Regulated procurement | UK Regulatory Outlook November 2025

European Commission publishes evaluation of EU public procurement directives

The European Commission has published a staff working document evaluating the EU public procurement directives (Directives 2014/23/EU, 2014/24/EU and 2014/25/EU), concluding that they have only partially met their objectives of improving legal clarity, flexibility, market access and achievement of strategic objectives.  

The evaluation found that new sector-specific rules have added complexity, with contracting authorities reporting difficulties interpreting provisions on contracts between public sector entities, exclusion grounds and abnormally low tenders, while procedures remain too complex and rigid, with increased preparatory and evaluation timeframes.

Competition results are mixed, with average bids per tender reducing but cross-border participation remaining limited. While green, social and innovative procurement is progressing, implementation is uneven across the EU with stakeholders expressing concern about lack of coherence in applying provisions aimed at promoting strategic policy objectives.

The Commission concludes that the current framework lacks the agility, coherence and strategic focus needed to respond effectively to current and emerging challenges, supporting president Ursula von der Leyen's announced revision to enable preference for European products in strategic sectors and to modernise and simplify the rules.

European Commission consults on revision of EU Public Procurement Directives

On 3 November 2025, the European Commission launched a call for evidence and public consultation on revising the three EU public procurement directives (Concessions, Public Procurement, and Utilities Directives), following its evaluation that found the current framework only partially met its objectives and lacks the agility and strategic focus needed for current challenges.  

The Commission proposes to strengthen the framework through legislative or non-legislative measures focused on three key areas: making public investment more efficient by simplifying and digitalising procedures; introducing "Made in Europe" criteria to enhance economic security and sovereignty in strategic sectors; and better aligning procurement with EU green, social and innovation policies. It plans to issue revision proposals in Q2 2026, with responses to the consultation due by 26 January 2026.