Exclude tenders from economic operators owned/controlled by entities in third countries without a guaranteeing international agreement, for net-zero technology procurement covered by the new Annex II.
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. 34(4) (new Art. 25a(1) of Regulation (EU) 2024/1735), in the Industrial Accelerator Act. as of 2026-08-17
- The act gives its timing as: From entry into force. as of 2026-08-17
- It names 3 industries by name: Batteries and solar, Clean tech and Power. as of 2026-08-17
- Compliance is checked by competent authority, per tender. as of 2026-08-17
The rule
Procurement covered by (new) Annex II to Regulation (EU) 2024/1735
Exclude tenders from economic operators owned/controlled by entities in third countries without a guaranteeing international agreement, for net-zero technology procurement covered by the new Annex II.
Who is affected
Burden drivers
Source text
1. For public procurement procedures referred to in Annex II, contracting authorities and contracting entities shall exclude from access to such procurement procedures 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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