What contracting authorities need to know
The Ministry of Economy, Directorate for Public Procurement Policy, has published the Guidelines for Conducting Simple Procurement Procedures (version 2.0). The Guidelines accompany the Act on Amendments to the Public Procurement Act and instruct contracting authorities on aligning their general acts and conducting simple procurement procedures. Below is an overview of the key changes and their practical consequences.
New simple procurement thresholds (from 1 September 2026)
Simple procurement comprises the procurement of goods and services with an estimated value below EUR 50,000.00 and works below EUR 100,000.00. These thresholds apply from 1 September 2026. Above those amounts, regular public procurement procedures must be conducted.
Mandatory use of EOJN RH and two types of procedure
The changes place greater emphasis on transparency and require certain procedures to be conducted through the simple procurement module of the Electronic Public Procurement Bulletin of the Republic of Croatia (EOJN RH). The system provides for two types of procedure:
- Simple procurement with a publicly announced invitation - mandatory for goods and services above EUR 25,000.00 and works above EUR 45,000.00. The invitation is published publicly, and any interested economic operator may submit a tender.
- Simple procurement by invitation to selected economic operators - mandatory for procurement above EUR 15,000.00 and up to the stated thresholds. The invitation is sent through the system to operators registered in EOJN RH.
Procedures up to EUR 15,000.00
Procurement up to EUR 15,000.00 does not have to be conducted through EOJN RH. However, the contracting authority must still regulate compliance with public procurement principles and the use of electronic means of communication in its general act. For these procedures, it may choose between a purchase order, the EOJN RH module, or an invitation to selected operators.
The general act: mandatory publication and legal nature
Contracting authorities must align their general acts with the amendments to the Public Procurement Act. The general act and any amendments must be published on the contracting authority’s website and made available in EOJN RH. According to the case law of the High Administrative Court, such an act has the characteristics of an external general normative act, so the Right of Access to Information Act must also be considered when it is adopted.
Legal protection
For procurement with an estimated value above EUR 15,000.00, the contracting authority must regulate legal protection for economic operators in its general act, by way of an objection to the head of the authority or the responsible person. Below EUR 15,000.00 an objection is not mandatory, but the authority may provide for one.
Who may object and against what
Not every economic operator need have the right to object - the general act may limit it to those who participated as tenderers. What must be secured is an objection against the decision taken in the procedure.
What the general act must regulate
- the acts and steps in the procedure against which an objection is permitted;
- the persons entitled to lodge an objection;
- the manner and the time limit for lodging it;
- the time limit for deciding on it;
- the manner of service of the decision and its addressees;
- the right to timely inspection of the procurement file and the time limits for it.
Time limits and suspensory effect
For contracting authorities the time limit for deciding on an objection is eight days, and such authorities cannot prescribe a longer one. Time limits for lodging an objection should reflect the complexity of the subject matter, the need for effective legal protection, and the principle of proportionality.
The Guidelines recommend that an objection should as a rule have suspensory effect until the decision is taken, save in exceptional cases provided for in advance in the general act, such as urgency that must be capable of justification in each individual case. A decision rejecting or dismissing an objection must state reasons.
Lodging an objection through EOJN RH
The simple procurement module allows objections to be lodged, but the authority must select that option when launching the procedure. If it does not, it must state an alternative method in the procurement documents.
Further avenues of legal protection
For contracting authorities that are public law bodies or providers of public services, an objection is decided by a decision issued in administrative proceedings, that decision is an administrative act, and an administrative dispute may be brought against it. For other authorities, the manner of lodging and deciding objections and any further avenues are governed by their internal acts, with the objection addressed to the responsible person or another body designated by those acts.
As a rule the objection is decided by the head of the authority or the responsible person.
Procurement plan, contract register, and offences
The threshold for mandatory entry in the procurement plan and contract register has been raised from EUR 2,650.00 to EUR 5,000.00 excluding VAT. Failure to comply with the obligations, such as failing to publish the general act or failing to conduct a procedure through the EOJN RH module, constitutes an offence punishable by a fine of EUR 1,320.00 to EUR 13,270.00 for a legal person, together with a fine for the responsible person.
Deadlines requiring attention
- Implementing regulations are to be adopted by 16 August 2026.
- The EOJN RH simple procurement module is to be aligned during August 2026, with a demonstration environment available in mid-August.
- The new simple procurement thresholds and rules apply from 1 September 2026.
We recommend that contracting authorities align their general acts and procurement plans in good time and familiarise themselves with the EOJN RH module. Our office is available to draft and align general acts, to design the rules on legal protection in simple procurement procedures, and to advise on and represent parties in objection proceedings - both contracting authorities and economic operators.