EU Proposes Public Procurement Rules Favoring European Companies Amid China Trade Tensions

The European Commission unveiled on Wednesday a legislative proposal allowing EU public authorities to favour European companies in public procurement for key public services such as energy, water, railways, ports, airports and postal services.

The move comes as European policymakers seek to shield the bloc’s market from China amid heated trade negotiations, as the EU grapples with a trade deficit with Beijing of roughly €1 billion a day.

Public procurement markets in Europe represent €2 trillion every year — 15% of Europe’s GDP.

“Public money must serve our collective interests,” Commission Vice-President Stéphane Séjourné said on Wednesday. “A public buyer will be able to organise his European preference and to exclude operators coming from countries with which we do not agree on public markets, both on the basis of the nationality of the company or on the base of the origin of the products.”

Under the Commission’s proposal, EU public authorities will be able to exclude non-European companies from public contracts when they come from countries that do not allow Europeans access to their own public procurement markets.

“A municipality will be very clearly able to exclude a Chinese company or a European company that offers Chinese products,” Séjourné added. “It will also be able to give more points and more visibility in his offer to European offers compared to competition offers.”

Swift reaction from China

The Commission proposes that at least 30% of the evaluation of supplies for public procurement rely on quality criteria and not only on price, which will also hit low-cost Chinese products.

“The new standard is the best quality-price ratio, and not just the price,” Séjourné said. “Our choices must also be able to meet social and environmental demands, but also sovereignty.”

The legislation, which still has to be adopted by the EU co-legislators — the European Parliament and the EU Council — prompted a swift reaction from China. In a statement released after the commission’s announcement, China’s Chamber of Commerce to the EU said that such a European preference could “distort a level playing field” for Chinese companies participating in the European public procurement market.

“Public procurement should not discriminate against suppliers or goods on the basis of the supplier’s nationality or the country of origin of the goods.”

In March, another proposal creating a European preference in EU strategic sectors such as green tech, cars and energy-intensive industries also prompted Chinese ire, with Beijing threatening to retaliate.

EU Trade Commissioner Maroš Šefčovič will travel to China in early October, hoping to reach a political deal with Beijing to rebalance the trade relationship with the EU.