Article 36

1. Two or more Member States may request that the Commission launch a procurement on behalf of or in the name of the Member States that wish to be represented by the Commission (‘participating Member States’), for the purchasing of goods and services of critical importance or crisis-relevant goods and services. 2. The Commission shall assess, without delay and in consultation with the Board, the necessity and proportionality of the request referred to in paragraph 1. Where the Commission intends not to grant that request, it shall inform the Member States concerned and the Board and give reasons for its refusal. 3. Where the Commission agrees to procure on behalf of or in the name of the participating Member States, it shall: inform all Member States and the Board of its intention to carry out the procurement procedure and invite the interested Member States to participate; draw up a proposal for an agreement to be concluded with the participating Member States allowing the Commission to procure on their behalf or in their name. The agreement based on the proposal referred to in point (b) of the first subparagraph shall lay down the detailed conditions for the procurement, including practical arrangements, proposed maximum quantities, conditions of the common purchasing or renting on behalf of or in the name of the participating Member States, including prices and delivery timeframes. 4. Where the Commission cancels the procurement procedure in accordance with Article 174 of Regulation (EU, Euratom) 2024/2509 (the ‘Financial Regulation’), it shall immediately inform the participating Member States thereof, so that they can initiate their own procurement procedures without delay.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-27 · Text as adopted (Official Journal); later amendments are not incorporated in this text.