Members' Research Service By / April 30, 2020

EU international procurement instrument [EU Legislation in Progress]

The EU has opened up its public procurement markets to third countries to a large degree, yet many of these countries have not granted the EU comparable access.

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Written by Marcin Szczepański (4th edition, updated on 24.11.2022),

Government procurement forms an important part of national economies. The EU has opened up its public procurement markets to third countries to a large degree, while many other economies have had limited appetite to liberalise market access.

In 2012, the European Commission tabled a proposal for an international procurement instrument (IPI). The IPI would give the EU leverage in negotiating the reciprocal opening of public procurement markets in third countries. The Commission revised the proposal in 2016, taking on board some recommendations from Council and Parliament. However, the revised proposal did not advance owing to differences in Member States’ positions.

In 2019, discussions in the Council gathered new momentum in the context of a growing recognition of the need to level the playing field in international trade and the new negotiating mandate was adopted in June 2021. Parliament adopted its position on the revised IPI proposal in December 2021, modifying its design, scope and application. The trilogues concluded successfully in March 2022. Parliament approved the agreement in plenary by a large majority on 9 June 2022 and the Council formally adopted it on 17 June. The IPI entered into force on 29 August 2022.


Amended proposal for a regulation of the European Parliament and of the Council on the access of third-country goods and services to the Union’s internal market in public procurement and procedures supporting negotiations on access of Union goods and services to the public procurement markets of third countries
Committee responsible: International Trade (INTA) Revised legislative proposal:
COM(2016) 34
Rapporteur: Daniel Caspary (EPP, Germany)

Initial proposal: COM(2012) 124

Shadow rapporteurs: Inma Rodríguez-Piñero (S&D, Spain)
Catharina Rinzema (Renew, Netherlands)
Reinhard Bütikofer (Greens/EFA, Germany)
Jan Zahradil (ECR, Czechia)
Emmanuel Maurel (The Left, France)
Hervé Juvin (ID, France)

Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’)

Procedure completed. Regulation (EU) 2022/1031

OJ L 173/1 30.6.2022

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