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France Updates Guidance on Excluding Third-Country Offers in Public Procurement
Paris, France – [Date of Publication] – The French Ministry of Economy, Finance, and Recovery, through its Directorate of Legal Affairs (DAJ), has recently updated its technical guidance concerning the mechanisms available for excluding offers from third countries in public procurement procedures. This update, published on July 30, 2025, aims to provide clarity and practical advice to contracting authorities on how to effectively leverage existing legal frameworks to promote domestic or European economic interests where appropriate.
The updated technical note, titled “Mise à jour de la fiche technique relative aux dispositifs permettant d’écarter les offres des pays tiers en matière de commande publique,” delves into the various instruments and strategies that contracting authorities can employ to manage the participation of companies from countries outside the European Union (EU) in their public tenders. This is a crucial aspect of public procurement, as it touches upon the balance between fostering open competition, ensuring value for money, and supporting national or regional economic development.
While public procurement in France, like in other EU member states, generally adheres to principles of openness and non-discrimination, particularly within the single market, there are specific circumstances and legal provisions that allow for the consideration of a tenderer’s origin. The DAJ’s guidance typically outlines how these provisions can be applied responsibly and in compliance with EU law.
The updated document is expected to address, among other points:
- Legal Frameworks: A review of the relevant articles within French public procurement law and applicable EU directives that permit the exclusion or preferential treatment of offers based on their country of origin. This often relates to situations where reciprocal access to markets for tenderers from EU countries is not guaranteed by a third country.
- Specific Exclusionary Mechanisms: Detailed explanations of the practical application of these mechanisms. This might include clauses related to security of supply, national security interests, or specific regulatory requirements that certain third-country products or services may not meet.
- Considerations for Contracting Authorities: Advice on how to properly assess the origin of an offer and its constituent components, ensuring that any decision to exclude is well-founded and legally sound. The guidance likely emphasizes the need for objective criteria and thorough documentation to withstand potential legal challenges.
- Alignment with EU Policy: The document will undoubtedly reinforce the commitment to upholding EU public procurement principles while navigating the complexities of international trade and market access. It likely clarifies how France’s approach aligns with broader EU strategies aimed at promoting fair competition and safeguarding European economic interests.
- Recent Developments or Interpretations: The update may also reflect any recent jurisprudence or evolving interpretations of the law that impact the application of these exclusionary measures.
The Ministry’s initiative to update this technical fiche technique underscores its commitment to providing contracting authorities with the most current and comprehensive information. This ensures that public tenders are conducted efficiently, transparently, and in a manner that best serves the public interest, while also being mindful of the broader economic landscape and international trade relations.
Contracting authorities are encouraged to consult the updated technical note on the Ministry’s website for detailed information and practical implementation guidance. This proactive step by the DAJ aims to empower public entities to navigate the complexities of international public procurement with greater confidence and legal certainty.
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