Reciprocity in Public Procurement and the “Made in EU” Approach
1. Scope of the Regulation
Article 13 of Law No. 7590, adopted on July 24, 2026, added Additional Article 13 titled “Reciprocity in public procurement” to Public Procurement Law No. 4734.
Under this new regulation, the President is authorized to grant the rights and advantages provided to domestic bidders, domestic goods, and bidders offering domestic goods in public procurement—partially or fully, on a country or product basis, within the framework of reciprocity principles—to:
• Bidders established in European Union member states,
• Goods originating in the European Union,
• Bidders offering goods originating in the EU.
The primary function of this regulation is to enable the advantages granted to domestic bidders and domestic goods in Türkiye’s public procurement system to be extended, on a reciprocal basis, to EU Member States.
2. Legal Nature of the Authorization
This legislative amendment does not directly treat EU companies or EU-origin products as “domestic.”
The new provision is an enabling provision. Within the scope of this authority, the President may determine:
• which EU countries,
• which products or sectors,
• which rights and advantages,
• under which conditions
will be included in the scope.
Therefore, an EU-established company or an EU-origin product cannot benefit from the advantages granted to domestic bidders in Turkish public procurement today based solely on this amendment. This outcome is clear from the expressions used in the provision, such as “the President is authorized,” “depending on the country and/or product,” and “partially or fully.”
3. Significance of the Regulation Regarding “Made in EU”
While it is understandable that the regulation is evaluated alongside public discussions on “Made in EU,” these two concepts should be distinguished.
Under its new industrial policy, the European Union is moving toward using public procurement not merely as a domain for procuring goods and services, but as a policy instrument supporting European manufacturing, low-carbon products, and strategic sectors.
The Industrial Accelerator Act proposal submitted by the European Commission on March 4, 2026 aims to boost demand for clean and EU-origin products, strengthen EU production capacity in strategic sectors, and reduce external dependencies. The proposal specifically focuses on energy-intensive industries, net-zero technologies, and the automotive supply chain.
However, as of July 31, 2026, the Industrial Accelerator Act is not yet a final EU regulation in force. The proposal remains under deliberation in the ordinary legislative procedure under reference number 2026/0068/COD.
For this reason, the concept of “Made in EU” should not be evaluated as a general and definitive origin status applicable to all products. At present, the concept arises predominantly in the context of public procurement, public support, and industrial policy criteria within specific strategic sectors.
4. Legal Status for Türkiye
The fact that Türkiye has a Customs Union relationship with the EU does not mean that Turkish companies are automatically entitled to equal treatment with EU companies in EU public procurement procedures.
Similarly, the new regulation in Türkiye does not automatically grant Turkish companies new rights in European Union public procurement procedures.
However, this is where the significance of the regulation lies. Within the framework of economic relations with the European Union and existing international obligations in public procurement, Türkiye has established a mechanism in its domestic law that can be applied on a reciprocal basis.
Through this mechanism, if the European Union provides equivalent or reciprocal treatment to Turkish companies or Turkish-origin products in certain areas in the future, Türkiye will possess the legal tool to respond accordingly within its own public procurement system.
This may be particularly important for:
• Steel and other energy-intensive industrial products,
• Electric vehicles and automotive components,
• Battery and clean energy technologies,
• Medical devices,
• Strategic public procurement.
However, granting advantages to EU products by Türkiye does not automatically mean that Turkish products will be deemed EU-origin. Such an outcome will depend on the final EU legislation, product and sector coverage, rules of origin and content, and how international obligations applicable to Türkiye are implemented.
5. Conclusion and Assessment
Additional Article 13 introduced by Law No. 7590 is not a regulation that directly integrates Türkiye into the “Made in EU” system or generally accepts European Union-origin products as domestic goods.
Nevertheless, Türkiye has prepared for the EU’s developing European preference and strategic public procurement policies, establishing an authorization mechanism that can grant certain advantages to EU companies and EU-origin products where reciprocal treatment is provided.
Therefore, this development can be interpreted as a major domestic law step supporting the potential for Turkish products and companies to be evaluated more favorably or equivalently in future EU public procurements.
The true commercial impact of the regulation will emerge after the President exercises this authority regarding specific countries, products, and sectors, and once the final version of the EU’s Industrial Accelerator Act determines how Türkiye and Turkish-origin products will be treated.
Note: This assessment has been prepared on the basis of Public Procurement Law No. 4734, Additional Article 13 introduced by Law No. 7590, and relevant Turkish legislation, alongside the European Commission's Industrial Accelerator Act proposal (COM/2026/100) and current developments in the EU legislative process.
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