May waive the Union-origin/low-carbon procurement requirements where only one supplier exists, no suitable tenders were received, or compliance would be disproportionately costly.
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(3), in the Industrial Accelerator Act. as of 2026-08-17
- The act gives its timing as: From 1 January 2029 / [6 months after entry into force]. 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 self-declaration, per tender. as of 2026-08-17
The rule
Single-supplier market; no suitable tenders in the prior two years; or cost differential presumed disproportionate above 25%
May waive the Union-origin/low-carbon procurement requirements where only one supplier exists, no suitable tenders were received, or compliance would be disproportionately costly.
Who is affected
Burden drivers
Source text
(c) their application would require a contracting authority or contracting entity to acquire goods, services or works having disproportionate costs or would result in technical incompatibility in their operation and maintenance. Estimated cost differences exceeding 25%, based on objective and transparent data, may be presumed by contracting authorities and contracting entities to be disproportionate.
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