Participation of third‑country bidders in the EU procurement market

This public procurement brief explains to what extent and under which conditions third-country bidders have access to the EU procurement market in sectors other than security and defence. The brief explains the differential access for bidders from jurisdictions covered by trade agreements concluded by the EU and those from other jurisdictions without such agreements. It highlights some implications of recent Court of Justice of the European Union case law and initial decisions under the International Procurement Instrument and Foreign Subsidies Regulation for competition in the EU public procurement market, as well as in relation to the approach to international procurement for countries seeking to approximate their regulatory frameworks to the EU’s acquis.