“Buy European” criteria in EU legislation should include all 30 EEA States

In a new EEA EFTA Comment, Iceland, Liechtenstein and Norway underline that if a European preference requirement is introduced in EU public procurement legislation, it is essential to clarify that this requirement covers all 30 EEA States.

The three EEA EFTA States have published a joint position paper on the upcoming revision of the EU's public procurement legislation. As part of the ongoing revision, the European Commission has communicated that the revised legislation could include a requirement for EU preference criteria in public procurement within certain strategic sectors and technologies.

Public procurement accounts for 15 to 20% of global GDP in the form of the purchase of services, works and goods. The Internal Market is an important driver of European competitiveness, and public procurement is a key pillar of the market's good functioning. The EEA Agreement extends the Internal Market to the three EEA EFTA States and provides their undertakings and individuals with the same rights and obligations as their counterparts in the EU. Through the EEA Agreement, the EEA EFTA States have implemented EU legislation on public procurement, meaning that the same rules and regulations apply across the entire EEA.

In recent years, public procurement legislation in the EEA has become increasingly aligned with the EU's strategic objectives. If "European preference criteria", "EU content requirements" or "Buy European" are introduced in public procurement legislation, it should be clarified that these terms encompass all 30 EEA States to avoid unintended distortion of competition in favour of certain economic operators within the Internal Market.

The EEA EFTA States appreciate the Commission's commitment to close dialogue on the ongoing legislative process, and will continue to follow the revision of public procurement legislation closely.

Read the full Comment

View all EEA EFTA Comments

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