Answer to a written question – Reserving strategic public procurement of European software for European companies – E-002666/2024(ASW)

Source: European Parliament

Since 12 July 2023, the Foreign Subsidies Regulation (FSR)[1] enables the Commission to address the distortive effect on competition of foreign subsidies.

In particular, it introduced a notification obligation for bidders in public procurement procedures falling within the scope of application of the regulation with an estimated value equal or greater than EUR 250 million.

In so far as the Commission’s own funding activities are concerned, the recast of the Financial Regulation[2] has introduced a horizontal legal basis in its Article 136 in order to identify sensitive award procedures, e.g. concerning strategic assets and interests such as satellite infrastructure.

This allows for the introduction of participation restrictions, including for third country ownership and control of applicants and tenderers, where necessary, to protect security and public order of the EU and its Member States.

Furthermore, with the Single Market Strategy[3] presented on 21 May 2025, the Commission has reaffirmed its commitment to review the EU public procurement framework in 2026 also with a view to introducing European preference criteria in EU public procurement for certain strategic technologies and sectors, while ensuring the competitiveness of tenders.

The development of the platform as referred to by the Honourable Member has not been supported with EU funds.

  • [1] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R2560.
  • [2] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L_202402509.
  • [3] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52025DC0500.
Last updated: 13 June 2025