LEGAL FRAMEWORK

LEGAL FRAMEWORK FOR PUBLIC PROCUREMENT

The EU legal framework for public procurement is set by the public procurement directives. New directives were adopted in January 2014 and have now been transposed into national law in all EU members states.

The Directives apply above certain value thresholds, depending on the type of procurement (see DG Growth website below). However, all procurement, regardless of value must comply with the basic EU Treaty principles of equal treatment, non-discrimination, transparency and proportionality.

The EU also adheres to World Trade Organization (WTO) agreement on fair international competition for public contracts, known as the Agreement on Government Procurement (GPA). 

Public procurement website of DG Growth

Agreement on Government Procurement (GPA) on the WTO website

SUSTAINABLE PROCUREMENT UNDER THE PROCUREMENT DIRECTIVES

The public procurement directives provide clear opportunities for including environmental and social considerations within all stages of the procurement process. Please see the links at the bottom of the page for comprehensive guidance.

The 2014 Procurement Directives have clarified and, to a certain extent, expanded the opportunities for sustainable procurement.


BUYING GREEN HANDBOOK

Comprehensive guidance on the implementation of GPP under the EU Procurement Directives
 

Document

PROCUREMENT CASE LAW

Overview of procurement case law relevant for sustainable procurement on the EC's GPP website

Website

PROCUREMENT GLOBALLY

World Trade Organisation members are bound by the 2014 Agreement on Government Procurement.

Website