Message 001
Communication from the Commission - TRIS/(2026) 2947
Directive (EU) 2015/1535
Notification: 2026/0562/FR
Notification of a draft text from a Member State
Notification – Notification – Notifzierung – Нотификация – Oznámení – Notifikation – Γνωστοποίηση – Notificación – Teavitamine – Ilmoitus – Obavijest – Bejelentés – Notifica – Pranešimas – Paziņojums – Notifika – Kennisgeving – Zawiadomienie – Notificação – Notificare – Oznámenie – Obvestilo – Anmälan – Fógra a thabhairt
Does not open the delays - N'ouvre pas de délai - Kein Fristbeginn - Не се предвижда период на прекъсване - Nezahajuje prodlení - Fristerne indledes ikke - Καμμία έναρξη προθεσμίας - No abre el plazo - Viivituste perioodi ei avata - Määräaika ei ala tästä - Ne otvara razdoblje kašnjenja - Nem nyitja meg a késéseket - Non fa decorrere la mora - Atidėjimai nepradedami - Atlikšanas laikposms nesākas - Ma jiftaħx il-perijodi ta’ dewmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Nu deschide perioadele de stagnare - Nezačína oneskorenia - Ne uvaja zamud - Inleder ingen frist - Ní osclaíonn sé na moilleanna
MSG: 20262947.EN
1. Notification Message: MSG 001 IND 2026 0562 FR EN 19-10-2026 FR NOTIF
2. Country: France
3A. Department Responsible: Ministères économiques et financiers
Direction générale des entreprises
SCIDE/SQUALPI/PNRP
Bât. Sieyès -Teledoc 143
61, Bd Vincent Auriol
75703 PARIS Cedex 13
d9834.france@finances.gouv.fr
3B. Originating Department: Ministères économiques et financiers
Direction des affaires juridiques
SD1/1A - Télédoc 341
6, rue Louise Weiss
75703 PARIS Cedex 13
4. Products/Services 2026/0562/FR - SERV - INFORMATION SOCIETY SERVICES
5. Title: Draft decree on the electronic application service made available by the State.
6. Product/service details: An online public procurement tendering service provided by the State, also known as ‘Passe Marché’.
7. Notification under another EU law:
8. Executive summary: ‘Passe Marché’, an electronic public procurement tendering service based on the ‘tell us once’ principle, is designed to simplify access to public procurement for businesses, particularly SMEs, which accounted for 60 % of public contracts awarded in 2024.
The draft decree provides that, for contracts meeting a need whose estimated value is greater than or equal to EUR 60 000, excluding VAT, and where the procedure requires the publication of a notice of competition, the contracting authority is required to accept that the economic operator may submit their tender via the electronic tendering service provided by the State. Companies would, however, remain free to choose whether or not to use Passe Marché to submit their tenders.
The decree shall enter into force on 1 April 2027.
The decree will be accompanied by an order amending the Order of 22 March 2019 on the minimum requirements and functionalities of buyer profiles, constituting Annex 7 to the Public Procurement Code, to include ‘Passe Marché’ in the standard service offer that publishers of buyer profiles must make available to buyers.
9. Brief statement of grounds:
While tendering for public contracts is often regarded by businesses as complex and time-consuming, a consultation process carried out in 2024 by the Ministries of Economy and Finance, involving all stakeholders (trade associations, buyers, the digitalisation ecosystem, etc.), demonstrated the value of providing them with a digital service to simplify access to public procurement.
This draft decree thus aims to simplify and harmonise the system by providing that the State make said service available to economic operators free of charge.
The proposed system, which has received strong support from stakeholders, should enable businesses, particularly SMEs, to tender more easily by using their SIRET number as their identifier and to benefit from the portability of their tender file from one buyer profile to another, while buyers benefit from immediate access to information already submitted, in line with the ‘tell us once’ principle. The former see this as a way of streamlining the tendering process, saving a company between half a day and a full day per tender, while the latter see it as an opportunity to make their procurement procedures more secure while improving efficiency.
9a. Appropriateness of the measure taken to achieve the objective pursued: The Directorate for Legal Affairs (DAJ) and the Interministerial Directorate for Digital Affairs (DINUM), which is responsible for implementing the ‘tell us once’ principle, in conjunction with the Directorate for State Procurement (DAE), led a series of stakeholder consultations between March and June 2024 with the aim of clarifying their needs and expectations. A number of consultation workshops were organised with buyers (central government bodies, local authorities, contracting authorities and central purchasing bodies), private providers of buyer profiles, trade associations and businesses, including micro-enterprises and SMEs.
These consultations, held as part of a simplification initiative, highlighted the complexity and bureaucracy involved in the tendering process for public procurement, particularly for micro-enterprises and small and medium-sized enterprises, and the need to simplify the process for operators. The tendering phase is therefore time-consuming, as it requires information to be provided to the contracting authority at every stage of the procedure, as well as complex, as it relies on a variety of mechanisms (standard forms, the European Single Procurement Document), thereby creating a significant administrative burden for economic operators.
Enhancing automatic data retrieval by API (Application Programming Interface) at the tendering stage would also address some of the buyers’ needs. In particular, it would reduce the workload of buyers, who would no longer have to personally check the validity of the documents submitted by the economic operators, thus simplifying and standardising the checking process.
The proposed measure simplifies the tendering process and reduces the administrative burden on economic operators and purchasers, resulting in more efficient processing of applications for all parties involved.
9b. Necessity: The notified draft measure does not entail any restrictions on the internal market and does not affect cross-border trade and services.
9c. Excessive burden in relation to the objective pursued: The notified draft measure does entail any restriction on the European Union market.
10. References to basic texts: There are no reference texts
11. Invocation of an emergency procedure: No
12. Please provide the grounds for the urgency:
13. Request for confidentiality: No
14. Is it a Fiscal Measure? No
15. Has an Impact Assessment? Yes
16.
TBT aspects: No
SPS aspects: No
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European Commission
Contact point Directive (EU) 2015/1535
email: grow-dir2015-1535-central@ec.europa.eu
