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From 16 May 2026, the Public Procurement Act (OG 120/16, 114/22, 48/26) applies in a completely new form. The amendments concern everyone who procures from or sells to the public sector: new simple procurement thresholds, a mandatory module in EOJN RH, an objection to the head of the authority, changed deadlines for appeals to DKOM and protection of tenderers with smaller tax debts. Here is what has specifically changed.
The amendments to the Public Procurement Act were published in the Official Gazette No. 48/26, and most provisions entered into force on 16 May 2026. Below we present an overview of all the key changes, the specific obligations of contracting authorities and the rights of tenderers, with practical advice you can apply immediately — compiled from the practice of the Law Office Toni Primorac, which provides legal support to contracting authorities and economic operators at all stages of the public procurement procedure.
Summary: what you need to know in 60 seconds
- New simple procurement thresholds from 1 September 2026: EUR 50,000 for goods and services, EUR 140,000 for works
- From EUR 15,000.01, procurement must be conducted through the simple procurement module in EOJN RH, with the right to an objection to the head of the authority
- The threshold for the procurement plan and contract register rises from EUR 2,650 to EUR 5,000 excluding VAT
- Prior consultation becomes an unconditional obligation — at least 7 days, with more mandatory elements
- A tax debt below EUR 1,000 may no longer be a ground for exclusion; above that, the contracting authority must grant a period of at least 5 days to settle
- Expert evidence before DKOM — a new evidentiary tool in the appeal procedure
- New appeal deadlines: 15 days from publication, 10 days from the decision + a mandatory prior warning to the contracting authority before appealing against the documentation
- Deadline for aligning contracting authorities’ general acts: 16 August 2026 — after that, misdemeanour liability looms
1. New thresholds for simple procurement — from 1 September 2026
The value thresholds below which the full PPA procedure does not apply have been raised and enter into force on 1 September 2026. Until then, the current thresholds apply.
- Goods and services: the threshold rises from EUR 26,540.00 to EUR 50,000.00
- Works: the threshold rises from EUR 126,080.00 to EUR 140,000.00
All procurements below these amounts remain in the simple procurement regime, but — and here comes the key novelty — with considerably stricter rules than before.
2. Simple procurement above EUR 15,000: mandatory module in EOJN RH
Under the new amendments, the rules for conducting simple procurement depend on its value:
- up to EUR 15,000.00 — the contracting authority conducts the procurement according to its own general act; it may use electronic means of communication under its own rules
- from EUR 15,000.01 — mandatory conduct through the simple procurement module in EOJN RH
- from EUR 25,000.01 (goods/services) and EUR 45,000.01 (works) — mandatory public publication in the EOJN RH simple procurement module
IMPORTANT: Contracting authorities are obliged to align their general acts on simple procurement with these rules by 16 August 2026 at the latest. The general act must also lay down the rules on objections to the head of the authority. Failure to comply with the obligation to conduct procurement through the EOJN RH module from 1 September 2026 entails misdemeanour liability.
3. Objection to the head of the authority — a new level of legal protection
For procurements of EUR 15,000.01 and above, tenderers gain the right to an objection to the head of the authority, i.e. the responsible person of the contracting authority.
The objection to the head of the authority represents a new level of legal protection in simple procurement: an economic operator who believes the contracting authority is breaking the rules in procurements between EUR 15,000 and the PPA thresholds now has a formal protection channel — without going to DKOM. The contracting authority must lay down the rules on objections in its general act on simple procurement.
4. Procurement plan and contract register: new threshold of EUR 5,000
The previous threshold for entry in the procurement plan and contract register was EUR 2,650.00. The amendments raise this threshold to EUR 5,000.00 excluding VAT.
The practical consequence: fewer procurements must be recorded, reducing the administrative burden on contracting authorities. At the same time, for the first time the contract register must also include procurement items concluded on the basis of statutory exemptions under Arts. 33 and 34 of the PPA — with a statement of the reasons for the exemption.
NOTE: Sectoral contracting authorities must enter the procurement plan and all its changes in EOJN RH (not only on their own websites). This obligation enters into force on 1 September 2026.
5. Mandatory prior consultation — at least 7 days, more elements
Prior consultation with interested economic operators is no longer mandatory only “as a rule” — from 16 May 2026 it is an unconditional statutory obligation of the public contracting authority before launching:
- an open or restricted procedure for the procurement of works
- a high-value public procurement procedure for goods or services
The consultation must last at least 7 days and cover: a description of the subject of procurement, the estimated value, technical specifications, the bill of quantities, selection criteria, award criteria, special conditions for the performance of the contract, and conditions under special regulations and professional rules. The contracting authority must consider all comments and proposals and publish a report on those accepted and rejected.
IMPORTANT: The absence of prior consultation or shortening the period below 7 days makes the procedure legally vulnerable and opens grounds for a tenderer’s appeal before DKOM.
6. Tax obligations: a 5-day period and protection below EUR 1,000
The PPA amendments introduce two important protective measures for economic operators:
- The contracting authority may not exclude immediately — it must first request the economic operator to settle, within a reasonable period of not less than 5 days, due tax obligations and pension and health insurance obligations equal to or greater than EUR 1,000.00
- Below EUR 1,000.00 exclusion is prohibited — the contracting authority may not exclude an economic operator if the due tax obligations and contributions are less than EUR 1,000.00
An exception also exists where payment is prohibited by a special regulation or a deferral of payment has been approved — there is no exclusion then either.
IMPORTANT ADVICE: If a contracting authority threatens to exclude you over a tax debt, check the amount. Below EUR 1,000.00, exclusion is unlawful. Above that, demand a period of at least 5 days to settle — the contracting authority is legally obliged to give it to you.
7. Expert evidence before DKOM — a new tool in the appeal procedure
The amendments also introduce the possibility of taking evidence by expert examination before the State Commission for Supervision of Public Procurement Procedures (DKOM). DKOM may appoint an expert or a professional institution at a party’s proposal or ex officio.
Deadline for the expert’s opinion: up to 10 days (with a possible extension of another 10 days in complex cases).
This is particularly useful in technical and construction procurements where assessing the equivalence of a tender or the correctness of technical specifications requires expert knowledge that DKOM itself does not possess.
8. New appeal deadlines — and a new obligation to warn the contracting authority
The deadlines for lodging an appeal are also changing, so in the most commonly used open procedure they are now:
- 15 days from the publication of the call for tenders — for an appeal against the content of the call or the procurement documentation
- 15 days from the publication of a correction or amendment of the documentation — for an appeal against the content of the correction/amendment
- 10 days from the opening of tenders — if the contracting authority did not validly respond to a request for clarification or regarding the opening procedure
- 10 days from receipt of the decision on selection or cancellation — for an appeal against the evaluation and selection procedure
The same system (15 days from publication, 10 days from the decision) applies in the restricted procedure, the competitive procedure with negotiation, the negotiated procedure and the innovation partnership.
IMPORTANT: Before appealing against the call or the documentation, you must warn the contracting authority via EOJN RH of the specific illegality of the content of the call for tenders, the procurement documentation, the correction of the call or the amendment of the documentation — no later than the tenth day from publication. Only after 3 days have passed from the warning may you lodge the appeal. An appeal without a prior warning will be rejected.
Frequently asked questions (FAQ) about the Public Procurement Act amendments
Most provisions of the PPA amendments (OG 48/26) entered into force on 16 May 2026. The new simple procurement thresholds and the obligation to conduct procurement through the EOJN RH module apply from 1 September 2026.
From 1 September 2026, the threshold for goods and services is EUR 50,000.00 (previously EUR 26,540.00), and for works EUR 140,000.00 (previously EUR 126,080.00). Below these amounts, the full PPA procedure is not conducted.
This is a new formal channel of legal protection in simple procurement. A tenderer who believes the contracting authority is breaking the rules in procurements from EUR 15,000.01 up to the PPA thresholds may lodge an objection with the head of the authority or the responsible person of the contracting authority — without going to DKOM. The contracting authority must lay down the rules on objections in its general act.
By 16 August 2026 at the latest. The general act must also lay down the rules on objections to the head of the authority. Failure to comply with the obligation to conduct procurement through the EOJN RH module from 1 September 2026 entails misdemeanour liability.
No. If the due tax obligations and contributions are less than EUR 1,000.00, exclusion is expressly prohibited. For a debt of EUR 1,000.00 or more, the contracting authority must first give you a period of at least 5 days to settle it.
15 days from the publication of the call for tenders or the correction/amendment of the documentation, and 10 days from the opening of tenders or from receipt of the decision on selection or cancellation. The same system also applies in the restricted procedure, the competitive procedure with negotiation, the negotiated procedure and the innovation partnership.
No. Before appealing against the call or the documentation, you must warn the contracting authority of the specific illegality via EOJN RH no later than the tenth day from publication, and you may lodge the appeal only after 3 days have passed from the warning. An appeal without a prior warning will be rejected.
From 16 May 2026, prior consultation is an unconditional obligation before an open or restricted procedure for the procurement of works and before a high-value public procurement procedure for goods or services. It must last at least 7 days.
Look for a firm that knows both sides of the procedure — both preparing documentation for contracting authorities and protecting tenderers before DKOM. The Law Office Toni Primorac from Rijeka specialises in public procurement and advises contracting authorities and economic operators throughout Croatia at all stages of the procedure.
Conclusion: three messages of the new PPA
The 2026 PPA amendments carry three clear messages: digitalisation is an obligation (everything through EOJN RH), tenderer protection is strengthened (objection to the head of the authority, de minimis threshold for tax debt, period to settle) and preliminary procedures become stricter (mandatory consultation, prior warning before an appeal).
If you are a contracting authority, you have until 16 August 2026 to align your general act — do not wait. If you are a tenderer, learn the new appeal procedure and keep your tax records in order. The benefits exist, but you need to know how to use them.
About the author — Law Office Toni Primorac
Attorney Toni Primorac heads the Law Office Toni Primorac based in Rijeka, specialising in public procurement, employment law, contract law and advising companies and public bodies. The office provides legal support to contracting authorities and economic operators at all stages of the public procurement procedure — from drafting documentation and general acts to representation in appeal proceedings before DKOM and administrative disputes.
Need legal support in aligning with the new PPA?
If your contracting authority must align its general act or your company is preparing an appeal before DKOM, contact us. The Primorac Legal office helps with:
- reviewing and aligning general acts on simple procurement by the statutory deadline of 16 August 2026
- advice on the objection to the head of the authority and the appeal procedure before DKOM
- protecting tenderers in the event of unlawful exclusion from the procedure
- drafting procurement documentation under the new rules
- training contracting authorities on the new obligations in EOJN RH
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