Security Alert
On 11 July 2025 the Hellenic Parliament passed law 5218/25 (the “Law”) introducing key reforms to the public procurement framework. The new provisions aim to streamline the preparation of bids, enhance competition and ultimately expedite the contract award process.
The Law entered in force from 14 July 2025 and has introduced the following key amendments:
Mandatory use of National Electronic Public Procurement System (ESIDIS)
The National Electronic Public Procurement System (ESIDIS) will become the compulsory platform for all tender procedures of a contract value exceeding 30,000 with the exception of direct award procedures. This change aims to further digitise and standardise the tender process.
Expanded recognition of ISO certificates
The Law broadens the possibility of acceptance of ISO certificates. In addition to certificates issued by conformity assessment bodies established in EU member states (as recently affirmed by the Council of State), certificates from bodies accredited by national accreditation entities outside the EU -provided they are members of the European Accreditation Multilateral Agreement (EA MLA), the International Laboratory Accreditation Cooperation (ILAC), or the International Accreditation Forum Multilateral Recognition Agreement (IAF MRA)- will also be accepted.
Validity of supporting documents at award stage
Supporting documents submitted at the award stage are presumed valid as of the time the European Single Procurement Document (ESPD) was signed. This presumption stands unless successfully challenged by the Contracting Authority or another economic operator participating in the process. This change is expected to simplify document requirements and reduce administrative burdens for bidders, but it would still be interesting to see how it is interpreted by the Courts.
Flexibility on the drafting of financial offers
Financial offers can be henceforth structured as unit prices or discount percentages on estimated unit prices or contract values including in case of procurement of goods and services.
Impact of minor sanctions
Sanctions imposed during the contract execution but not exceeding 2% of contract value shall not be considered serious defaults in relation to the exclusion ground on the deficiencies in the performance of a prior public contract, provided that full payment is made to the contracting authority, unless the contracting authority decides otherwise. A relevant statement on those minor sanctions may also be omitted by the ESPD.
Increased fees for legal challenges
The fee for submitting an application for annulment or suspension against decisions of the Hellenic Single Public Procurement Authority (EADISI) will rise from 0.1% to 0.5% of the contract’s budgeted value. The new minimum and maximum fee thresholds are set at Euro 1,500 and Euro 30,000, respectively (previously Euro 500 – Euro 5,000). The newly introduced maximum fee of Euro 30,000 seen in combination with the corresponding one payable for the launching of a prejudicial appeal before EADISI (set at Euro 15,000) will render the appeal process much higher eventually discouraging the engagement with the relevant procedures in case of appeals unlikely to succeed.
A limit of twenty-five (25) pages is set for a prejudicial appeal
Exceeding the page limit is justified only in exceptional circumstances, such as, in particular, if the appeal challenges the fulfillment of a number of technical specifications. Non-compliance with that limit may result in a penalty equal to twice the fee paid for the filing of the appeal.
Technical discrepancies in ESIDIS operation
The Law sets forth provisions regulating technical discrepancies in the ESIDIS operation explicitly stipulating that in case of non-operation of the electronic platform used for the submission of offers (“ESIDIS”), which has been announced and certified in advance by the competent Ministry, the deadlines for filing an appeal shall be suspended.
Revised exclusion grounds and “self-cleaning” committees
The Law introduces a limited review of exclusion criteria and establishes committees to assess “self-cleaning” measures, allowing economic operators to demonstrate their reliability and eligibility for participation. Contracts valued between Euro 2,500 and Euro30,000 are exempt from certain exclusion provisions, including inter alia, those referred to in insolvency situations, conflict of interest, distortion of competition, professional misconduct, deficiencies in the performance of a prior public contract, etc.
Reform of preliminary appeals process
The preliminary appeals process will be overhauled to reduce congestion and shorten procedural deadlines, expediting dispute resolution. In this context the deadline for launching an appeal against a tender notice is set at 15 days following publication of the same with the Central Electronic Registry of Public Contracts (“KIMDIS”).
Limitation of suspensive effect and provisional measures
The suspensive effect of appeals will be restricted, and stricter conditions will apply for the granting of provisional measures, aiming to minimise delays in contract award and eventually, execution. Such measures shall only be justified in extremely urgent circumstances. Moreover, if an appeal is manifestly inadmissible or unfounded the Single Public Procurement Authority (“EADISI”), which is competent for reviewing prejudicial appeals, may lift the general prohibition applicable for the execution of the contract.
Deadlines for the review of prejudicial appeals by EADISI
The deadlines for the review of prejudicial appeals and the issuance of a decision thereon by EADISI are suspended from 5 August to 20 August. Nevertheless, in case of extremely urgent circumstances touching upon public interest considerations or works, services or procurement of goods funded by the Recovery and Resilience Fund relevant suspension shall not apply and the appeals lodged shall be examined by the special summer holiday formation of EADISI.
Furthermore, the Law establishes professional certification requirements for procurement personnel aiming to increase sophistication in procurement management and introduces reforms to the Greek quality infrastructure aiming to develop a unified, modern, reliable, collaborative and effective quality infrastructure system, fully harmonised with European and international regulatory frameworks.
The newly introduced Law aims to facilitate the participation of entities in public procurement processes while accelerating the award of contracts. While some reforms are in the direction of reducing administrative burdens thus enhancing competition other reforms -especially those raising judicial fees- may eventually restrict access to judicial protection especially for small and medium-sized enterprises. Stakeholders should monitor developments in the coming months to assess the practical impact of the new legislative framework and interpretation by the Courts.