Statement on public procurement

Call on European institutions to safeguard public-public cooperation and in-house provision in the Revision of the Public Procurement Directives 

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Public-public cooperation and in-house provision are essential tools enabling local and regional governments to organise, deliver, and manage public services directly — whether through cooperation with other public authorities or through entities under their control — without resorting to external operators.  

The Council of European Municipalities and Regions (CEMR) released a statement in which expresses its strongly opposition to calls and proposals that “further restrict public-public cooperation and in-house provision” in view of the upcoming Revision of the EU Public Procurement Directives.  

In this new statement, CEMR argues that public-public cooperation and in-house provision are firmly grounded in the EU Treaties, the Public Procurement Directives, and the case law of the Court of Justice of the European Union. Local and regional governments must retain the freedom to choose the delivery model that best serves their communities — including direct provision and cooperation with other public authorities.  

CEMR also takes aim at the notion that public-public cooperation or in-house provision harms competition. There is no evidence to support that claim; if anything, these models can improve efficiency, support investment, and strengthen essential public services for citizens.  

Additionally, at a time of growing geopolitical uncertainty, cybersecurity risks, and growing pressure on public services, local authorities cannot afford to lose the flexibility to organise critical services in-house or through trusted public partnerships.  

CEMR calls to the European institutions for greater legal certainty — not further restriction — in the revision of Article 12 of the Public Procurement Directive, while safeguarding the right of local and regional governments to organise public services according to local needs and democratic choices.  

To complement this information, you can also read here CEMR’s position paper setting out what local and regional governments need from the revision of the 2014 Public Procurement Directives.  

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