Proposal for a Regulation · COM(2026) 567 · 9 September 2026

The Act, article by article

Explore the European Innovation Act as it was proposed by the European Commission — every article with a plain-English summary, the key points, what it means in practice, and commentary. The official text is included for each provision.

The European Innovation Act (proposal COM(2026) 567) has 41 articles across four chapters. Summaries and commentary are drafted with AI assistance and reviewed editorially; they are general information about a proposal that may change, not legal advice.

Chapter 2

Research and development procurement

Article 4 General principles

General principles for R&D procurement: equal treatment, transparency, languages, electronic access and Union strategic priorities.

Article 5 Economic operators

Economic operators cannot be excluded from R&D procurement solely because of their legal form.

Article 6 Groups of economic operators

Rules for groups bidding together: how selection criteria apply, critical tasks, legal form and SME safeguards.

Article 7 Reliance on the capacity of other entities

Operators may rely on other entities' capacity to meet selection criteria, subject to checks and replacement rules.

Article 8 Subcontracting

Subcontracting rules for R&D contracts: partial only, disclosure duties, replacement grounds and retained main-contractor liability.

Article 9 Market consultation

Public buyers must consult the market before launching an R&D procurement, announced via a prior information notice.

Article 10 Procurement documents

Sets the mandatory contents of R&D procurement documents, from the need and estimated value to IP, award criteria and payment terms.

Article 11 Conditions for access to R&D procurement procedures and place of performance

Restricts R&D procurement access to Member State and eligible agreement-country operators and sets place-of-performance requirements.

Article 12 Determination of origin

Defines how the origin of natural and legal persons is determined, including the dominant-influence test for companies.

Article 13 Mandatory exclusion grounds

Requires exclusion of operators convicted of listed serious offences, with a five-year limit and limited derogations.

Article 14 Optional exclusion grounds

Lets buyers exclude operators for misconduct, insolvency, collusion, security concerns or distortive foreign subsidies, subject to self-cleaning.

Article 15 Selection criteria

Frames optional selection criteria on suitability, ability and financial standing, limiting them to what is proportionate and relevant.

Article 16 Financial guarantees

Caps tender, performance and retention guarantees, exempts small contracts, and halves the amounts for SMEs and innovative firms.

Article 17 Innovation-related award criteria

Requires award on best price-quality ratio, with quality weighted at least 50% and dedicated innovation-related criteria.

Article 18 Formulating requirements for the characteristics of the procured R&D services

How public buyers must draft requirements for procured R&D services, favouring functional over design specifications.

Article 19 Risk benefit sharing under market conditions

Risk and benefit sharing under market conditions: contractors keep IP ownership, subject to obligations and public-buyer safeguards.

Article 20 Contract modifications

Rules on modifying awarded R&D contracts: review clauses, substantial changes, value thresholds and record-keeping.

Article 21 Value engineering

Value engineering: contractors propose cost-saving changes, with shared savings and limits set in the procurement documents.

Article 22 Multiple sourcing

Multiple sourcing: buyers award several R&D contracts in one procedure, with limited grounds for a single award.

Article 23 R&D procurement call for tenders

How R&D calls for tenders are published, promoted, evaluated and negotiated, including security-related exceptions.

Article 24 Competitive development in phases and assessment of contract performance

Phased, competitive R&D development with per-phase assessment, possible reduction of contractors and defined exceptions.

Article 25 Payments

Payment rules for R&D contracts: timely payment, pass-through terms, advance payments and direct payment to subcontractors.

Article 26 Confidentiality and data protection

Confidentiality and data protection duties for buyers and operators, including data localisation options in the documents.

Article 27 Termination of R&D procurement contracts

Mandatory termination grounds for R&D contracts: final conviction on exclusion grounds or a declared serious infringement.

Article 28 Security considerations in R&D procurement

How public buyers must manage security and public-safety risks at every stage of R&D procurement.

Article 29 Security measures during contract implementation

When and how public buyers can terminate or exclude for security reasons during R&D contract performance.

Article 30 Cybersecurity

Cybersecurity duties for public buyers procuring R&D services involving products with digital elements.

Article 31 Common rules on joint R&D procurement

How two or more public buyers can run joint R&D procurement, with lead buyers and central purchasing bodies.

From the text to your strategy

The European Innovation Act will reshape R&D procurement and intellectual-property-backed finance across the Union. Understand what it means for your organisation.

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