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The EU GPP Law and Policy Green Public Procurement (GPP): Lead the Change National Conference

The EU GPP Law and Policy Green Public Procurement (GPP): Lead the Change National Conference Roberto Caranta 2 July 2010 Malta. NOTE! Art. 3 EU Treaty. 3.3. The Union shall establish an internal market.

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The EU GPP Law and Policy Green Public Procurement (GPP): Lead the Change National Conference

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  1. The EU GPPLaw and Policy Green Public Procurement (GPP): Lead the Change National Conference Roberto Caranta 2 July 2010 Malta

  2. NOTE! Art. 3 EU Treaty 3.3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment[…].

  3. The EU GPP Legal Framework • Directives 2004/17/EC and 2004/18/EC plus • Specific legal instruments (both binding and optional)

  4. Most Notable Mandatory or Quasi- or Partially-Mandatory PP Rules • Directive 2006/32/EC on energy end-use efficiency and energy services • Regulation 2008/106/ECon a Community energy-efficiency labelling programme for office equipment (Energy Star)services • Directive 2009/33/ECon the promotion of clean and energy-efficient road transport vehicles

  5. Directive 2006/32/EC (Art. 5) • An exemplary role for procuring entities • National guidelines on energy efficiency and energy savings as a possible assessment criterion in competitive tendering • At least two measures shall be used from the list set out in Annex VI

  6. Consip • Purchase of solar panels and maintenance services for State and other administration (Oct. 2009) • http://www.gse.it/com_esterne/BandiContratti/In%20corso/AVVISO%20BANDO%20CONSIP%20FONTI%20RINNOVABILI.pdf

  7. Court of auditors • General policy on eco-sustainable and especially energy saving procurements • Solar panels to be installed on offices now being restructured • http://www.corteconti.it/export/sites/portalecdc/_documenti/chi_siamo/Direttiva_generale_per_lxazione_amministrativa_a09.pdf

  8. Regulation 2008/106/EC (Energy Star) (Art. 6) • Central government authorities within the meaning of Directive 2004/18/EC • Contracts having a value equal to or greater than the thresholds • Energy-efficiency requirements not less demanding than the common specifications

  9. Directive 2009/33/EC (clean vehicles) (Art. 3 & 5) • Contracting authorities or contracting entities under Directives 2004/17/EC and 2004/18/EC • Road and rail public transport operators under Regulation 2007/1370/EC for contracts above a threshold not exceeding values set out in above directives • Must take into account the operational lifetime energy and environmental impacts and apply at least one of the options in Art. 5(3)

  10. Directive 2009/33/EC (clean vehicles) (Art. 5 cont.) The operational energy and environmental impacts to be taken into account shall include at least: energy consumption emissions of CO2 and emissions of NOx, NMHC and particulate matter Other environ. impactsmay be considered

  11. e.g. GTT bus in Turin Restricted Procedure: Buying 100 new buses EURO 5 or more Upgrading of up 890 of the existing EURO 2 buses Maintenance of the entire fleet (full service contract)

  12. Future Mandatory GPP requirements • New EU Ecolabel Regulation => incorporate manual for GPP • Energy Performance in Buildings Directive => exemplary role (still under discussion) • Energy Labelling Directive => mandatory level (still under discussion)

  13. The EU PP Directives 2004/17/EC & 2004/18/EC • Main Legal Texts concerning procurements above given thresholds • Rules concerning GPP are mainly optional….also meaning that they may be applied independently from the threshold • N.B.: Their application cannot result in market distortions and/or reduced competition

  14. Protection of the Environmentan Important Consideration in the New Directives • Based on Court of Justice case-law which clarifies the possibilities for the contracting authorities to meet the needs of the public concerned, including in the environmental area (Directive 2004/18/EC, Recital 1)

  15. Protection of the Environment and Best Value for Money Go Hand in Hand • Directives clarify how the contracting authorities may contribute to the protection of the environment and the promotion of sustainable development, whilst ensuring the possibility of obtaining the best value for money for their contracts (Directive 2004/18/EC, Recital 5)

  16. Directive 2004/18/EC: the Scope for GPP • Definition of the Subject-Matter of the Contract and Environmental Requirements for the Technical Specifications • Rules on Qualification and Exclusion • Award Criteria • Contract Performance Conditions, including Environmental Management Measures or Schemes

  17. environmental characteristics in terms of performance or functional requirements use of detailed specifications, or, if necessary, parts thereof, as defined by European or (multi-) national eco-labels, provided that: …those specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract, etc. Environmental Requirements for the Technical Specifications (Art. 23)

  18. Rules on Qualification (Art. 48) • evidence of the economic operators' technical abilities may be furnished by an indication of the environmental management measures that the economic operator will be able to apply when performing the contract • for public works contracts and public services contracts only • only in appropriate cases

  19. EMAS (Art. 50) • EITHER refer to the Community Eco-Management and Audit Scheme (EMAS) • OR to environmental management standards based on the relevant European or international standards NB • shall recognise equivalent certificates from bodies established in other Member States • shall also accept other evidence of equivalent environmental management measures from economic operators.

  20. Environmental Requirements in Award Criteria (Art. 53) Most Economically Advantageous Tender: • various criteria linked to the subject-matter of the public contract in question, for example, quality, price […] environmental characteristics […]

  21. Concordia Bus Finland • Linked to the subject–matter of the contract • Suitable of objective evaluation • Expressly mentioned in contract notices • Non-discriminatory

  22. Case C- 448/01, EVN AG • Not linked to the subject–matter of the contract • Not suitable of objective evaluation • Expressly mentioned in contract notices • Discriminatory

  23. GTT Bus Procurement Maximum 100 points: • Up to 45 points for the price • Up to 55 points for the technical offer

  24. Consip has drafted a number of Framework Agreements

  25. Thank you! Roberto Caranta Full Professor in Administrative Law University of Turin Director of the Master PP Management for Sustainable Development University of Turin – ITCILO Turin roberto.caranta@unito.it

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