Exclude tenders from economic operators owned/controlled by entities in third countries that have no international agreement guaranteeing access, for the lead-market procurement procedures.

Contracting authorities and contracting entities must comply, and this is not law yet.

Why it matters

This is a Commission proposal: it is not law yet, and it can change before it is.

It is Art. 11(1), in the Industrial Accelerator Act. as of 2026-08-17
The act gives its timing as: From 1 January 2029 (Annex II) / [6 months after entry into force] (Annex III). as of 2026-08-17
It names 4 industries by name: Steel, Cement, Aluminium and Automotive. as of 2026-08-17
Compliance is checked by competent authority, per tender. as of 2026-08-17

Addressee Contracting authorities and contracting entitiesAct COM(2026) 100 final, 2026/0068 (COD)Article Art. 11(1)Class Governments

The rule

New — no predecessor

Trigger

Procurement covered by Annex II Part I or Annex III Part I

Obligation

Exclude tenders from economic operators owned/controlled by entities in third countries that have no international agreement guaranteeing access, for the lead-market procurement procedures.

Who is affected

Addressee

Contracting authorities and contracting entities

Class

Governments

Sectors

Names Steel, Cement and concrete, Aluminium and metals, Automotive

Applies

From 1 January 2029 (Annex II) / [6 months after entry into force] (Annex III)

Burden drivers

D3 — 1 of 7 marks fire on this provision.

Source text

Verbatim

1. Contracting authorities and contracting entities shall exclude from access to procurement procedures referred to in Part I of Annex II and Part I of Annex III tenders submitted by economic operators owned or controlled by an entity established in third countries which have not concluded an international agreement with the Union guaranteeing such access.

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