EU approves measure to facilitate Turkish companies' access to EUR 2 trillion public procurement market

The amendment to the Public Procurement Law grants the President the authority to provide certain rights and advantages in Turkish public tenders to bidders established in EU member states, EU-origin products, and companies offering these products, based on the principle of reciprocity.

The main objective of the regulation is to align with the reciprocity principle applied by the EU in public procurement and reduce barriers preventing Turkish companies from participating in public tenders in EU countries.

In recent years, the European Union has increasingly used public procurement as a key instrument of industrial policy while implementing stricter origin rules and protective measures. Under the International Procurement Instrument (IPI), the EU applies the principle of reciprocity in public procurement and may impose measures such as restricting participation in tenders or applying price disadvantages to companies from countries that do not provide sufficient access to EU companies.

As Türkiye is not a party to the World Trade Organization's Government Procurement Agreement (GPA), Turkish companies have faced various disadvantages in accessing public procurement markets in EU countries. The European Commission has cited the limited openness of Türkiye's public procurement market to EU companies among the reasons for this situation.

The new regulation aims to bring Türkiye's public procurement legislation closer to international practices and facilitate Turkish companies' access to public tenders in EU countries through reciprocity-based mechanisms.

Under the regulation, the President will be able to decide on the rights and advantages granted to bidders established in EU member states and EU-origin products in Turkish public tenders within the framework of reciprocity.

The move is expected to help Turkish companies participate more effectively in the EU's approximately EUR 2 trillion public procurement market while aiming to prevent them from being affected by potential restrictions under the EU's International Procurement Instrument.