Through a public consultation organized by the European Commission, Rijkswaterstaat contributed to the evaluation of the European procurement directives.
The European procurement directives date back to 2014 and apply to all procurements by (semi-) public institutions in the Netherlands. The response to this consultation aligns with Rijkswaterstaats commitment to simplify procurement processes and strengthen collaboration with suppliers and partners.
Strength, Resilience, and Future Orientation
Rijkswaterstaat focuses on improving and simplifying procurement legislation with the aim of applying procurement processes more efficiently and effectively and better responding to economic and geopolitical challenges. Especially considering the enormous maintenance tasks we face.
In summary, the proposals submitted by Rijkswaterstaat relate to:
- Strength - The procurement rules must provide sufficient space and flexibility to put the large maintenance tasks on the market and respond to uncertainties and unexpected developments. Therefore, it is important to make the rules simpler and more flexible.
- Resilience - The procurement rules should support the strategic independence of the Netherlands and Europe and provide protection against unwanted influence from third countries, especially in these geopolitically uncertain times.
- Future Orientation - The procurement rules should allow more room for innovations and sustainable solutions to be utilized more easily from the market.
Added Value with and for the Market
With the implementation of these 3 themes, we want to create more space for long-term collaborations with market parties. Such as, for example, with renewed framework agreements or portfolio contracts. The regulations could also provide more room to respond to new developments or changing circumstances during the duration of a contract. Also think of a broader application of the multiple negotiation procedure and an increase in threshold amounts.
Roger Mol, Chief Procurement Officer Rijkswaterstaat: Ultimately, we hope that with our contribution, we will create space in regulations in the future. To carry out our tasks more effectively, efficiently, and sustainably, and to better enable the market to do so. Fortunately, we are already fully committed to this within the current regulations, for example, the portfolio approach for our infrastructure to be renewed.
Importance of Basic Principles of Procurement Law Remain Leading
The added value of procurement originates from forming a reliable and transparent government. The principles of the procurement rules are: non-discrimination, equal treatment of entrepreneurs, transparency, and proportionality. These are basic principles of the procurement law, and Rijkswaterstaat does not lose sight of them.
Although this consultation is focused on European regulations, national and own frameworks, and rules are just as important to take steps. This is also a recurring topic of discussion between Rijkswaterstaat and cooperation partners.
Follow-Up Process
Now that the European consultation has closed, the results and the response from the European Commission are expected in the autumn of 2025. Initial proposals for textual changes to the European procurement directives are expected in 2026. Changes to the European procurement directives may lead to adjustments to the Procurement Act in the Netherlands. We will closely monitor this process and will submit our proposals where possible.
More Information on European Procurement Directives
More information? Read on Open Rijkswaterstaat the input from Rijkswaterstaat and on the website European Commission the results of the European consultation .