1. Short answer
Companies from the EU and the EEA can bid in Romanian tenders on the same terms as Romanian companies.
Companies from countries with a procurement agreement with the EU — the WTO Government Procurement Agreement (GPA) or a bilateral agreement with procurement commitments, such as the EU–Serbia Stabilisation and Association Agreement (art. 76) — have a stronger position: access is guaranteed for the procurement that agreement covers.
Companies from other countries have no guaranteed right. Since 2024, the EU Court of Justice has made clear that each contracting authority decides, authority by authority and procedure by procedure, whether to admit them and on what terms — and that they cannot rely on the rights, including remedies, that come from the EU procurement directives.
On top of this, EU sanctions, the International Procurement Instrument (opens in a new tab) and the Foreign Subsidies Regulation (opens in a new tab) can apply in specific cases. That is why we check eligibility before you invest in a bid.
2. Why the question changed in 2024
In October 2024, in Kolin (opens in a new tab) (case C-652/22), the Court of Justice of the European Union held that operators from a third country that has not concluded an international agreement with the EU guaranteeing equal and reciprocal access to public procurement cannot rely on the EU procurement directives — neither to claim equal treatment nor to challenge an award decision. Rules of general application on the access of those operators fall within the EU's common commercial policy, an exclusive EU competence. In March 2025, in Qingdao (opens in a new tab) (case C-266/22), the Court confirmed and developed that position.
In May 2025, the European Commission's services published guidance for contracting authorities.
What may change next. On 9 September 2026 the European Commission proposed a single EU Public Procurement Act which, among other changes, would clarify which operators and products fall under the EU's international commitments.
3. Three categories of bidder
| Where your company is established | Position | What it means in practice |
|---|---|---|
| EU or EEA (Norway, Iceland, Liechtenstein) | Full access | Same rights as Romanian bidders, including remedies |
| A country with a procurement agreement with the EU (WTO GPA parties; Stabilisation and Association Agreement countries; bilateral agreements with procurement chapters) | Access to covered procurement | Guaranteed access where the authority, the subject-matter and the value fall within the agreement's coverage |
| Any other country | No guaranteed access | The contracting authority decides whether to admit you and on what terms; EU-derived remedies may not be available |
Indicative position, not legal advice.
4. What “covered” really means
Coverage is not a property of your country alone.
So a company from a GPA country may be covered in one Romanian tender and not in another. The European Commission's online tool Procurement4Buyers shows whether a given procurement is covered for a given country; we use it together with the agreement texts.
5. Romania's own rules
In 2021, Government Emergency Ordinance (GEO) 25/2021 amended the definition of “economic operator” in Law 98/2016 (article 3(1)(jj)). The definition covers operators established in an EU Member State; in an EEA state; in a third country that has ratified the WTO GPA, to the extent that the contract falls within the EU's commitments under it; in a country in the process of accession to the EU; or in a third country that has signed an international agreement obliging the EU to open its procurement market.
Following Kolin and Qingdao, the Commission's services consider that national rules of general application on third-country access cannot be applied, and that the decision on non-covered operators belongs to each contracting authority. Two consequences matter in practice: the national definition does not by itself exclude an operator, and being “in the accession process” — as Türkiye is — does not by itself create an EU-law right of access. How Romanian authorities, the CNSC and the courts apply article 3(1)(jj) today has to be checked procedure by procedure.
6. Rules that apply whatever your category
- Sector authorisations. Some sectors require Romanian licences or attestations (ANRE for electrical and gas works, the nuclear regulator CNCAN for nuclear-related supplies).
7. Consortia, subcontractors and supporting companies
The Court of Justice has not ruled expressly on consortium members, subcontractors or supporting companies from non-covered countries. In practice, a non-covered company in a consortium, or as a key subcontractor, can affect the whole bid. We check every member, not only the leader.
8. Bidding through an EU subsidiary
A company established in the EU is, in principle, an EU operator. A subsidiary with real operations, staff and track record in the EU is in a very different position from a newly registered entity with no activity. The subsidiary must also meet the qualification criteria in its own name, or rely on its group's capacity under the third-party support rules. We choose a route for genuine commercial and legal reasons; we do not design structures intended to get around EU trade measures.
9. Remedies: what you can and cannot rely on
Before you invest in a large bid as a non-covered operator, plan as though a CNSC complaint may not be available to you — and read the tender documents for any statement on third-country participation.
10. Indicative position by country group
| Country group | Typical position | Notes |
|---|---|---|
| EU and EEA | Full access | — |
| United Kingdom, Switzerland, Canada, United States, Japan, South Korea, Israel, Ukraine, Moldova and other GPA parties | Covered for procurement within the EU's commitments | Coverage depends on the authority, the sector and the value; the EU's commitments towards some parties exclude certain sectors (for example, for the United States, some sub-central works and services in water, airports, urban transport and rail) |
| Western Balkans (Serbia, North Macedonia, Montenegro, Albania, Bosnia and Herzegovina, Kosovo) | Covered under the Stabilisation and Association Agreements | — |
| Countries with EU free-trade agreements containing procurement chapters | Covered within the chapter's scope | Check the specific agreement |
| Other countries (for example Türkiye and China) | Non-covered: admission at the authority's discretion | IPI measures, sanctions and the FSR may add restrictions |
This table is a starting point, not legal advice. Agreements change and coverage is procurement-specific.
11. Check your position in two minutes
Answer five short questions. You will get a traffic-light result and the next step. The check asks for no personal data. Your answers stay in your browser unless you choose to send them to us.
12. How we check eligibility
- Conflict screening — we confirm we have not worked for the contracting authority on this procedure.
- Coverage check — your country, the authority, the subject-matter and the value against the EU's agreements.
- Overlay check — sanctions, IPI measures, FSR thresholds, utilities origin rules, defence rules and sector licences.
- Structure check — every consortium member, subcontractor and supporting company.
- Tender check — what the documents say about third-country operators, and what remains at the authority's discretion.
- Written answer — the Eligibility & Readiness report, with a clear answer and a recommended structure. The non-EU report is reviewed and co-signed by a Romanian attorney, with a reliance letter.
Fee: Eligibility & Readiness report €1,900 (EU / EEA / CH) or €3,400 (non-EU), credited 100% against a documentation fee ordered within 10 working days. For non-EU companies the report is required before any complete-file mandate. It is included in both Market Entry packages. Fees exclude VAT.
Ask for an Eligibility & Readiness report
13. Short questions and answers
Does it help to bid with a Romanian partner? Often, for qualification and delivery. It does not by itself change the eligibility of a non-covered consortium member: the authority can assess each member.
This guide is for information only. Quotations from Romanian legislation are unofficial translations. It is not legal advice; for a specific tender, check the official text and the tender documents, or ask us for a review.