TI Ukraine provided recommendations on the improvement of European public procurement directives

DOZORRO TI Ukraine recommended amendments to EU public procurement regulations during European Commission consultations.

They included:

•     Further digitalization of procurement. The EU still allows paper procurement transactions, both for amounts below European thresholds and, in some cases, above the threshold. However, we are convinced that high-quality digitalization is essential for developing effective and transparent public procurement.
•     Establishing consistent procurement data standards So far, the EU’s ability to analyze public procurement information has been limited due to insufficient digitalization and varying data publication approaches across member states. Therefore, a consistent data standard should be considered in the ongoing digitalization of this sector. The Ukrainian experience with BI Prozorro development shows that such analysis is valuable for various stakeholders: the government, procuring entities, businesses, and researchers.
•     The implementation of marketplaces, similar to Prozorro Market, for small and simple procurement transactions. Electronic marketplaces will streamline and accelerate small, standard procurements of simple items for procuring entities, while also encouraging greater participation from businesses, including SMEs. This is confirmed by the experience of Prozorro Market in Ukraine, which saw an average of 2.9 bids per competition in 2024.
•     Reconsideration of deadlines. It is advisable to consider shortening the duration of several procurement stages, especially with the digitalization of processes. For example, the current minimum term for submitting bids above the European threshold is 35 days, but using an electronic system could reduce it to 5 days.
•     Introduction of distinct procurement rules for emergency situations. The experience of the pandemic and full-scale war has shown the importance of having a pre-established action plan for conducting procurement in emergencies. The prepared rules will help minimize the loss of transparency and competition in such situations, while also facilitating the work of procuring entities and businesses.
• Clarifying the terms and conditions for contract changes and identifying unacceptable offers. We believe these rules should be clarified to provide procuring entities with greater clarity on their application and to prevent abuse.

“Ukraine is currently working to harmonize its public procurement legislation with European directives. At the same time, by studying them, we realize that we can not only adopt EU practices but also share our own. Ukraine has made significant progress in public procurement, and we can strengthen the European Union with our experience,” said Ivan Lakhtionov, Deputy Executive Director of TI Ukraine for Innovative Projects.

Public consultations lasted from December 13 to March 7. During these consultations, the European Commission gathered feedback on the functioning of three directives: two related to procurement and one to concessions.

In addition to public consultations, the European Commission gathers information from various sources to evaluate directives, including expert consultations, off-site inspections, research and reports, as well as court practices.

The revision of procurement directives was announced by European Commission President Ursula von der Leyen in the political guidelines for the body’s work from 2024 to 2029.

This material is funded by the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.