CADA tracker · source extraction
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Contracting authorities of Member States frequently encounter significant difficulties
in procuring digital solutions such as data centre services, cloud computing services,
software and AI systems. Limited financial resources, reduced purchasing power,
insufficient technical or procurement expertise prevent public-sector bodies from
effectively accessing such services. Procurement activities conducted by the
Commission in concertation with the contracting authorities of Member States can
play a decisive role in harnessing collective purchasing power and ensuring access to
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Regulation (EU) 2024/2847 of the European Parliament and of the Council of 23 October 2024 on
horizontal cybersecurity requirements for products with digital elements and amending Regulations
(EU) No 168/2013 and (EU) 2019/1020 and Directive (EU) 2020/1828 (Cyber Resilience Act) (OJ L,
2024/2847, 20.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2847/oj).
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Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public
procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65, ELI:
http://data.europa.eu/eli/dir/2014/24/oj).
those services and supplies on favourable terms. The Commission may already carry
out joint procurement procedures with contracting authorities of Member States
pursuant to Article 168(2) of Regulation (EU, Euratom) 2024/2509. The Commission
may also already act as a wholesaler by buiying, stocking, and reselling or donating
supplies and services to partner organisations selected by it. In order to enable those
entities to fully exploit the potential of the internal market, in particular as regards
economies of scale and benefit sharing, the possibilities for the Commission to act as a
central purchasing body should be extended to contracting authorities of Member
States and to partner organisations selected by the Commission, as a form of
procurement additional to those in Article 168(3) of the Regulation (EU, Euratom)
2024/2509. It should be possible for the Commission to use all the procurement
procedures available for the benefit of contracting authorities of Member States and of
partner organisations selected by the Commission and to include purchasing activities
conducted by the Commission for Union institutions, bodies and agencies. Contracting
authorities of Member States, partner organisations and Union institutions, agencies
and bodies should be considered as ‘participating entities’ in those procurement
procedures.