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A threshold of 15,000 euros for the publication of simple procurements would be detrimental

The Croatian Employers’ Association warns that the proposed amendments to the Public Procurement Act, which suggest the obligation to publish all procurements above 15,000 euros, represent a serious potential harm to the domestic economy and a significant administrative and financial burden.

This change would also be one of the strictest rules in the entire European Union. While the EU prescribes thresholds of 221,000 euros for goods and services and over 5 million euros for works, Croatia would become an exception with rules nearly ten times stricter than European practice. Instead of greater trust and transparency, these amendments would achieve the opposite effect, namely an increase in bureaucracy, a slowdown of the system, and additional costs, especially for small and medium-sized enterprises. On an annual basis, according to currently available data, contracting authorities have conducted over 69,200 simple procurements, of which over 13,270 procurements had a value exceeding 15,000 euros.

Examples from other EU member states show that thresholds for simple procurements are set significantly higher. In Slovenia, the threshold is up to 40,000 EUR for goods and services, and even up to 80,000 euros for works, while in Austria it is as high as 143,000 euros. The fact that a significant number of EU member states have thresholds at least double or triple that of 15 euros clearly shows that the proposed solution in Croatia cannot be considered aligned with the best EU practices. The introduction of a public publication obligation for all simple procurement procedures valued above 15,000 euros not only undermines the principle of proportionality but also places Croatian contracting authorities and suppliers in a subordinate position compared to their colleagues in the rest of the EU.

Croatia already has one of the most transparent public procurement systems in the EU, so there is no justification for additional administrative burdens. At the same time, transparency and accountability can be strengthened in a much more effective way: through digital tools for e-procurement, through open contract registers, and through audit and oversight mechanisms that sample check risks in smaller procurements. The introduction of a threshold of 15,000 euros would mean that schools, hospitals, and other public institutions would have to conduct lengthy formal procedures instead of quickly procuring basic supplies. This would slow down the delivery of services and goods, increase costs, and create space for the emergence of unfair competition with low-quality offers.

Public procurement in Croatia accounts for almost 13 percent of GDP and is crucial for the functioning of the economy, while the value of contracts concluded through simple procurement represents only 14% of all concluded contracts. If such low thresholds are imposed as an obligation, this significant segment of the economy will face slowdowns and additional costs.

The Croatian Employers’ Association warns that the proposed amendments to the Public Procurement Act still do not address the key issue of unfair competition from companies in third countries. Although the law provides for the violation of collective agreements as a reason for excluding bidders, it is necessary to apply this provision more clearly and effectively in practice. It is essential to ensure that only companies that respect collective agreements, employ workers properly, transparently pay wages, invest in technological development, and duly fulfill obligations to the state can compete for public procurement jobs. All these criteria should be clearly incorporated into the amendments to the law.

They particularly emphasize the importance of introducing a multiwinning model in the procurement of medicines. This system would allow public contracting authorities to enter into contracts with multiple suppliers for the same medicine, ensuring regular and secure supply for patients.

Such a model is already being implemented in several European countries and has proven to be the most effective in preventing shortages. By reducing dependence on a single supplier, at least two or three medicines from different marketing authorization holders must be present in the market. This mitigates the risk of expensive and urgent emergency imports, encourages competition, and increases the transparency of procedures.

HUP also proposes a legal requirement to realize at least 75% of contracted quantities, ensuring supply stability, preventing additional costs, and protecting manufacturers and the healthcare system. All the aforementioned changes are crucial to guarantee citizens access to medicines and ensure the stability and sustainability of the healthcare system.

HUP advocates for an increase in the threshold for simple procurement

The introduction of a threshold of 15,000 euros actually means that instead of real market competition, there will be a congestion of the system. Entrepreneurs will face the need to invest resources in micro-value procurements, whose administrative costs will exceed the benefits of the contracts themselves. Public institutions will waste valuable employee time on bureaucracy instead of quality planning and strategic management, and will purchase very low-quality micro-services and goods of the worst quality, where the main criterion is the lowest price, as for such small procurements, the contracting authority usually lacks the capacity to develop complex evaluation criteria for offers, for example, to repair a CT device in a hospital.

Ultimately, such a practice threatens to produce the opposite effect of a more transparent and competitive market: slower procedures, reduced interest from the economy, and an additional increase in distrust towards public institutions.

Examples from Austria, Germany, Slovenia, and other EU member states clearly show that thresholds for simple procedures must be significantly higher than 15,000 euros for the system to remain effective, the economy agile, and transparency achieved through oversight and digital tools, rather than through bureaucratic overload of the system.

Therefore, HUP strongly advocates for an increase in the threshold for simple procurement, as proposed in the amendments to the law, along with the abandonment of the idea of introducing an additional publication threshold of 15,000 EUR. Croatia should simply follow EU recommendations and good examples in public procurement instead of inventing additional thresholds and obligations that other EU countries do not have.

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