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European Commission policy initiatives
- The EC’s White Paper on options for enhancing research and development support for technologies with dual-use potential recognises the importance of innovation procurement for dual-use technologies and proposes possible ways to increase in particular EU funded pre-commercial procurements in this field. You can contribute to the consultation on this white paper until 30 April 2024.
- The EC communication on advanced materials for industrial leadership calls for more innovation procurement to foster the uptake of advanced materials. Public procurers can play a leading role in driving innovation and should assess the value added of new enablers like advanced materials for the twin transition and EU’s resilience and economic security.
- EC recommends Member States to step up innovation procurement investments in digital sector. In the 2023 report on the State of the Digital Decade, the EC recommends Member States to develop action plans in support of innovation procurement and to step up efforts to increase public procurement investments in developing, testing and deploying innovative digital solutions.
- The New European Innovation agenda (2022) highlights the need to develop national strategies that foster innovatino procurement and leverage the role of the public sector as lead customer to modernise public services and strenthen Europe's industrial competiveness globally.
- Second benchmarking of national policy frameworks and investments on innovation procurement in Europe. Beginning 2023, the new Innovation Procurement Observatory appointed by DG CNECT started benchmarking innovation procurement for the second time.
- In 2022 the EC organised a webinar explaining the legal framework and sharing good practices that are already leaving IPR ownership with contractors. This took place in the context of realising the objectives of the EU Action plan on IPR (2020) that highlights the need to improve the conditions for companies to protect and use IPR in public procurement with a view to stimulating innovation and boosting the economy. Member States should consider leaving IPR ownership to the contractors where appropriate, unless there are overriding public interests at stake or incompatible open licensing strategies in place.
- Creating a benchmarking framework for innovation procurement in Europe: March 2021, DG CNECT published a study that benchmarked national policy frameworks and spending on public procurement of innovative solutions across Europe.
- Reinforced EU co-financing for PCP and PPI in Horizon Europe: the EU's research and innovation funding program for 2021-2027, Horizon Europe, provides EU co-financing for PCP and PPI procurements undertaken jointly by public procurers from different Member States and/or associated countries. The EU can also undertake PCP and PPI procurements.
- Guidance on innovation procurement: May 2018, the EU published a Commission notice "guidance on innovation procurement". July 2021, the guidance was updated.
- European Assistance on Innovation Procurement: DG CNECT has appointed experts to provide local assistance on PCP and PPI (incl. legal assistance) to public procurers that intend to start concrete PCP and PPI procurements for ICT based solutions across all EU Member States. More information
- Consultation on the interest of public procurers for innovation procurements of ICT based solutions for Horizon 2020 work programme 2018-2020: Summary of the findings from public procurers that responded to this public consultation between mid February and mid October 2016.
- The European Research Area and Innovation Committee (ERAC) of the European Council adopted June 2015 an opinion on innovation procurement that recommends EU Member States to: 1. Create a strategic framework for innovation procurement, together with a clear action plan; 2. Raise public buyers’ awareness and set up a coordinating service offering support for procurers; 3. Develop and provide financial incentives for undertaking innovation procurement; 4.Set up innovation procurement targets with monitoring systems on European and national level
- 2014 EU State aid framework on R&D&I (Research, Development and Innovation): reassures procurers that PCP and follow-up PPI procurements to deploy commercial volumes of innovative solutions do not involve State aid, when the PCP is implemented in line with the 2007 PCP communication and the PPI is implemented as a separate open procurement procedure as provided for in the EU public procurement directives (see new section 2.3). For procedures that combine the procurement of R&D with follow-up deployment of commercial volumes of products (long term innovation partnerships with vendors) the presumption that there is no State aid involved only holds in the exceptional case of unique/specialised products. More info on differences between the use of two separate but complementary PCP and PPI procurements compared to such long term innovation partnerships with vendors can be found in FAQ 20.
- 2014 EU public procurement directives: maintain and word more clearly the exemption for R&D services that is used by PCP (see also the new reference to PCP in preambles 47 and 57 of directives 24 and 25). Public procurers can thus continue to carry out PCP procurements based on exemption for R&D services in the new articles 14 in directive 2014/24/EC and article 32 in directive 2014/25/EC. PCP can also be applied in the defence sector as the same exemption for R&D services is also available in article 13(f)(j) of the 2009 defence procurement directive COM(2009)81.
- 2014-2020 European Structural and Investment Funds: encourage public procurers to encourage more PCP and PPI procurements. Concrete scenarios for implementing synergies between H2020 and ESIF funding for implementing PCP and PPI procurements.
- Reinforced EU co-financing for PCP and PPI in Horizon 2020: the EU's research and innovation funding program for 2014-2020, Horizon 2020, provided EU co-financing for PCP and PPI procurements undertaken jointly by public procurers from different Member States and/or associated countries. The EU or EU funding bodies can also participate themselves in PCP and PPI procurements. Results on the impacts of EU funded cross-border PCP projects.
- Creating a measurement framework for ICT and R&D procurement: September 2014 DG CONNECT published a study that quantified the amount of public procurement of R&D, ICT and ICT related R&D across Europe and developed guidelines for a measurement framework for the future. The study happened in the context of measuring progress on the below Innovation Union and Digital Agenda for Europe policy ambitions and targets.
- Quantifying the impact of PCP compared to other procurement approaches: End of April 2014 DG CONNECT started a study to quantify the impact of PCP in Europe. The study compares impacts of national procurement cases across different countries and makes recommendations for new actions to be undertaken at EU and national level to encourage wider use of PCP and PPI. Results on the impacts of EU funded cross-border PCP projects.
- EU targets for innovation procurement: In 2011, the Innovation Union and Digital Agenda for Europe proposed targets to encourage Member States to increase the use of PCP and PPI.
- Overview of national legal basis for implementing PCP across the EU: The EC's 2010 survey across the Member States public procurement authorities confirms to procurers where the legal basis for doing PCPs is transposed in their own country's legal framework.
- Commission communication and staff working document on PCP: The December 2007 communication introduces the concept and potential benefits of PCP. The staff working document illustrates how PCP can be implemented in line with the legal framework. Both are bundled in the Pre-commercial Procurement Brochure (English).
Opinions of the European Council
- 17 November 2022, the EU Competiveness Council conclusions underline the key importance of public procurement of innovative solutions and of pre-commercial procurement and encourage Member States to develop more impactful innovation procurement policies and to strategically use innovation
procurement as an instrument to boost innovation.
- 29 September 2021, at the European Competitiveness Council, Greece with the support of Italy, Germany, Austria, Luxembourg and Cyprus, invite other Member States to co-sign a ministerial declaration on mainstreaming innovation procurement in Europe
- 30 November 2020: EU Council conclusions urges the Member States and the EC to measure the progress in achieving innovative and sustainable objectives in public procurement investments and calls on the Member States to opt for an ambitious implementation of the new generation of standard forms (eForms), including, where appropriate and feasible, as mandatory fields areas, such as green, socially responsible and innovation procurement.
- 12 March 2018: EU Council conclusions underlines the importance of using PCP and PPI as a strategic tool for improving competitiveness of the EU industry and fostering a transition to a more innovative economy
- 20 February 2017: 3519th Competitiveness Council Conclusions identified as a priority for the Economic semester process "making better use of strategic procurement, in particular to support innovation"
- 23 June 2015: ERAC opinion on innovation procurement makes 5 concrete recommendations to Member States and the European Commission to mainstream PCP and PPI implementation across Europe
- 21 February 2014: 3295th Competitiveness Council Conclusions (Contains conclusions on the benefits of creating clusters/cooperation at European level on PCP to modernise public services)
- 25 October 2013: EU Council Conclusions (Section I.16 contains conclusions on PCP and link with VC)
- 26 April 2012: EU Council Conclusions (Section I.18 contains conclusions on PCP)
- 4 February 2011: EU Council Conclusions (Section II.20 contains conclusions on public procurement as driver for innovation)
- 26 May 2010: 3016th Competitiveness Council Conclusions (Section II.1 contains conclusions on PCP).
- 30 May 2008: 2871th Competitiveness Council Conclusions (Section 2.3 contains conclusions on PCP).
Opinions of the European Parliament
Opinions of Other organizations
