Can we impose 25% of French products in public procurement as claimed by Yves Jégo?

Yves Jégo, former minister and founder of the Origine France Garantie certification, called Thursday November 11 on franceinfo “the presidential candidates” to engage “that 25% of public markets be reserved for French products”. But can a public buyer really choose a company based on its nationality?

This proposal by Yves Jégo is legally impossible to apply. It is contrary to European treaties and French law which include a principle of non-discrimination and equality between candidates. Thus a French public purchaser, whether it be the State, local authorities or even public establishments, cannot prohibit a company from applying for a call for tenders on the basis of its nationality and local presence. This rule applies to all public contracts in member states of the European Union.

In response to the constraints of calls for tenders open to all, public procurement law, which defines the rules for competition between companies, allows French and European companies to be favored in obtaining these public contracts.

French public buyers therefore benefit from numerous tools in order to add very specific conditions to their calls for tenders. They can thus add clauses based on environmental criteria by emphasizing, for example, the short circuit. French public buyers can also rely on product quality criteria such as requiring the indication “red label” or a designation of origin.