The Commission manages a number of key activities to facilitate green, socially reponsible and circular procurement implementation in the EU, including:
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). 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).
Directive 2014/24/EU - which replaces the 'Classic' Procurement Directive 2004/18/EC
Directive 2014/25/EU - which replaces the 'Utilities' Procurement Directive 2004/17/EC
Directive 2014/23/EU - on the award of concession contracts
The public procurement directives provide clear opportunities for including environmental and social considerations within all stages of the procurement process. The 2014 Procurement Directives have clarified and, to a certain extent, expanded the opportunities for sustainable procurement:
Technical specifications and award criteria may refer to any stage of a product lifecycle, including addressing specific production practices, „provided that they are linked to the subject-matter of the contract and proportionate to its value and its objectives” (Art. 42).
The use of Life cycle costing (LCC) as a method for assessing tender costs is clarified (Art. 68). Contracting authorities may select to include costs imputed to environmental externalities in this calculation.
Product labels can be required as means of proof in technical specifications, award criteria or contract performance conditions as long as all the underlying criteria of the label are linked to the subject matter of the contract.
ILO Labour standards are now explicitly mentioned in the introductory recitals, giving them greater prominence. Child labour and human trafficking are also specifically included as grounds for exclusion (Art. 57 par. 1f).
Social impacts throughout a product’s lifecycle, such as fair trade criteria, are explicitly allowed to be addressed by award criteria. For technical specifications the legal position is less clear, with different interpretations presented.
Possibility for greater control over subcontracting practices (Art. 71): the contractor is obliged to disclose the expected level of subcontracting in advance as well as providing, in the case of works and services contracts, contact details and details of legal representatives of any company used as a subcontractor.
Use of ‘most economically advantageous tender’ (MEAT) as default criteria (Art. 67). When transposing the Directives, member states may choose to forbid or restrict the use of lowest price as the sole award criterion.
Introduction of a European single procurement document for bidders (Art. 59). This makes it easier to verify and standardise any proofs of environmental and social compliance given by bidders.
Green, Social and Circular Procurement is also referenced as a powerful tool in achieving key policy aims in a range of European policy documents. A number of Directives and Regulations include obligations related to for instance GPP.
European Commission's central information point on GPP, including news, policy, tools and more
Comprehensive guidance on the implementation of GPP under the EU Procurement Directives
GPP Criteria for over 20 product/service sectors, to be inserted directly into tender documents
