In a draft regulation obtained by Euronews and due to be presented in September, the European Commission plans to tighten access to the EU market by allowing public authorities to exclude foreign companies that present risks of interference from public procurement.
The draft proposal comes amid heightened geopolitical tensions, with concerns over data leaks from sensitive public services to Beijing and Washington and as well as the weaponisation of the EU's dependence on rare earths and technology products from China.
The draft document proposes that “public buyers shall take appropriate measures, where relevant at any stage of the procurement procedure, from planning and market consultation to contract award and execution, to ensure the protection of the security and public safety interests of the Union.”
The document adds that risks to security or public safety in a public contract may arise from firms whose “ownership, control, or financing structure” bears “risks of undue interference or influence over it,” as well as companies whose “exposure to third-country legislation [...] may compel disclosure of sensitive information or interference with contract performance.”
Finally, public buyers would be allowed to introduce a European preference in public procurement, although the draft regulation would not make it compulsory.
