Summary As proposed in the Cloud and AI Development Act (CADA), the procurement Steering Committee is composed of the European Commission and exactly one representative from each participating Member State at the national level. The Committee retains the discretion to appoint additional representatives from Union entities, contracting authorities, and partner organisations selected by the Commission. Member States that accede to the procurement agreement after its initial establishment are also represented in the Committee.

Detail

The composition of the Steering Committee is explicitly defined in Article 38(4) of the proposed CADA (COM(2026) 502 final). This body serves as the strategic governance mechanism for the common procurement framework, which empowers the Commission to act as a central purchasing body for Member States, Union entities, and partner organisations. The structure is designed to balance high-level strategic oversight with operational efficiency, ensuring that national sovereignty is respected while enabling collective action.

Core Membership: Commission and Member States

The baseline membership of the Steering Committee is strict and limited to ensure decisive strategic oversight. According to Article 38(4), the Committee is composed of:

  1. The Commission: Representing the EU executive's interest in coordinating cross-border digital procurement and managing the operational framework.
  2. One Representative per Participating Member State: Each Member State that has signed the initial agreement (or subsequently acceded) is entitled to exactly one representative at the national level.

This structure ensures that national governments have a direct, unified voice in the strategic direction of joint cloud and AI procurements without creating an unwieldy bureaucracy. The "national level" designation implies that these representatives are senior officials from national ministries or authorities responsible for digital strategy or public procurement, rather than individual local contracting authorities. This prevents the Committee from becoming a forum for fragmented local interests, focusing instead on national strategic priorities.

Additional Representatives: Expanding the Scope

Recognising that national governments alone may not capture the full range of needs within the diverse public sector, Article 38(4) grants the Steering Committee the power to appoint additional representatives. These additional members may come from three specific groups:

  • Union Entities: Such as EU institutions, agencies, and offices that are participating in the procurement activities.
  • Contracting Authorities: Public bodies from Member States (e.g., ministries, local governments, or specific sectoral bodies) that are participating in the procurement activities.
  • Partner Organisations: Entities selected by the Commission to participate in the procurement framework under Article 37.

The use of the phrase "may appoint" indicates that this is a discretionary power. The Committee decides whether additional representation is necessary to ensure diverse input or to represent specific sectors (e.g., healthcare, defence, or justice) that may have unique procurement requirements or technical needs. This flexibility allows the governance structure to adapt to the evolving landscape of public procurement without requiring a formal amendment to the agreement.

Representation of Acceding Member States

The CADA framework anticipates growth and dynamic participation. Not all Member States may join the common procurement agreement on day one. Article 38(4) explicitly states that "Member States may accede to the agreement at a later stage and shall then be represented in the Steering Committee."

This means the composition is dynamic and inclusive. As new Member States join the agreement, the Committee expands to include their single national representative. This ensures that the strategic oversight remains representative of all participating jurisdictions, regardless of when they joined the framework. It prevents a scenario where early signatories dominate the strategic direction to the exclusion of later joiners.

Distinction from Operational Roles

It is crucial to distinguish the Steering Committee's composition from the operational management of procurement. While the Committee includes the Commission and Member State representatives, Article 38(3) and Article 38(5) clarify that the Commission remains solely responsible for the operation and management of procurement activities. The Committee provides strategic oversight and approves the strategic direction of procurement procedures, but it does not manage the day-to-day execution of tenders. This separation ensures that the Committee's composition focuses on policy and strategy, rather than administrative burden, allowing the Commission to act efficiently as a central purchasing body.

What this means for you

For public-sector procurement officers, understanding the Steering Committee's composition clarifies who holds decision-making power over joint cloud and AI contracts.

  • National Influence: Your national government has a guaranteed seat at the table. If your country is a participating Member State, your national representative will help shape the strategic agenda of EU-wide procurements. You should engage with your national digital authority to ensure local needs are communicated to this representative.
  • Pathways for Direct Input: If your organisation is a contracting authority (e.g., a city council or national hospital service), you may not have a direct seat on the Committee initially. However, you can advocate for the Committee to appoint additional representatives from your sector or type of authority under Article 38(4). This provides a mechanism for granular public sector needs to influence high-level procurement strategy.
  • Strategic vs. Operational: Do not expect the Steering Committee to resolve individual tender disputes. Their role is strategic oversight. Operational issues are managed by the Commission. However, the Committee's strategic decisions will dictate the types of procurements launched, the criteria used, and the long-term direction of the EU's cloud and AI supply chain.

Common misconceptions

  • "Every public body has a vote." No. Only participating Member States have an automatic seat. Other public bodies must be appointed as additional representatives by the Committee.
  • "The Committee manages the tenders." No. The Commission manages the operational side. The Committee provides strategic oversight and approves the strategic direction of each procedure before launch.
  • "Only original signatories are represented." No. Member States can join later and are automatically entitled to representation in the Steering Committee upon accession.

Related

This is general information about a draft EU regulation, not legal advice.