EU omezuje účast čínských subjektů na veřejných zakázkách ve zdravotnictví

The European Commission has taken its first action under the International Procurement Instrument, which was previously established by the corresponding regulation. Following an investigation, the Commission published a report in January of this year and decided to restrict access to public contracts for suppliers from the People's Republic of China.

The measure came into effect on June 30, 2025, and will apply to public contracts with an estimated value exceeding EUR 5 million. For contracts that exceed this amount, participation by Chinese entities will be excluded. This measure applies not only to public contracting authorities but also to so-called sectoral contracting authorities.

If the measure is applied to a contract, contracting authorities will be required to state this fact in the procurement documentation. They will also need to ascertain the origin of the participants in the procurement process, and if they find that any participant is from China, they will be obliged to exclude them. Exceptions apply in cases where there is an urgent reason of public interest or no alternative supplier is available. Only in such cases will the measure not apply to above-threshold contracts.

The Commission hopes that this step will end the discrimination against European suppliers in the Chinese market, as China has long excluded medical devices from the European Union from Chinese public procurement.

It remains to be seen whether the European Union's response will compel China to initiate a dialogue that could help resolve the situation or whether the measure will be ineffective. For now, we will have to wait for an answer.

Authors:

Jan Turek

Matěj Šimpach