The Importance of Sustainable Public Procurement

Introduction

Sustainable Public Procurement (SPP) is a key aspect of public procurement that involves considering sustainable considerations and environmental impact when making purchasing decisions. In recent years, there has been a growing emphasis on the importance of integrating sustainability into public procurement processes.

Two Approaches to SPP

There are two main approaches to Sustainable Public Procurement. The first approach involves public buyers recognizing the value of including sustainable considerations and actively seeking to incorporate them into their procurement processes. The second approach focuses on legal limits and obligations, where public buyers may not be initially interested in including sustainable considerations, but are obligated to do so.

Directive 2014/24/EU

The Directive 2014/24/EU was introduced to make public procurement a key contributor to achieving sustainable development goals. It aims to instrumentalize public procurement as a means of promoting sustainability.

Facultative SPP Provisions

Under Article 20 of the Directive 2014/24/EU, there are discretionary provisions for public buyers to voluntarily exclude grounds such as quality assurance standards and environmental management standards, and to include sustainability in the application of life-cycle costing. These provisions rely on political will and incentives for adoption.

Mandatory Provisions

There are also mandatory provisions for Sustainable Public Procurement. These provisions are derived from other sources of law, such as the EU Treaty, which establishes environmental protection and sustainable development as key objectives.

Secondary Sectoral Legislation

Secondary sectoral legislation creates specific requirements for sustainable public procurement, such as equipment performance levels, accessibility standards, and energy efficiency regulations.

Obligations for Public Buyers

Public buyers are obligated to respect certain provisions, including ensuring that economic operators adhere to environmental standards set by Union law or international environmental agreements. They are also obligated to reject abnormally low tenders that do not comply with sustainable principles.

Compliance and Additional Obligations

Sustainable Public Procurement involves ensuring compliance with existing legal obligations, as well as going beyond minimum requirements to achieve the highest possible standards of sustainability.

Current Trends and Future Developments

Recent developments, such as the New Circular Economy Action Plan and the European Accessibility Act, indicate a growing emphasis on mandatory sustainable public procurement. The European Commission has also expressed its commitment to proposing minimum criteria and targets for public procurements to encourage sustainable purchasing practices.

In conclusion, Sustainable Public Procurement is becoming increasingly important in the context of public procurement. With mandatory provisions, discretionary measures, and emerging trends, it is clear that sustainability is a key consideration in modern procurement processes. As environmental concerns continue to grow, sustainable public procurement will play an essential role in promoting sustainable development.