PUBLIC PROCUREMENT and environment JUDr. Vojtěch Vomáčka, Ph.D., LL.M. Basics of EU Environmental Law 25 October 2023 logo F:\vojtech\Pictures\Obrázky\logo katedry\logoENG.gif Masarykova univerzita - Home | Facebook ▪GPP in the context of the European Green Deal ▪EU policy developements and possible mandatory measures in sectorial legislation ▪European Commission GPP support tools Why GPP? Carbon footprint of public procurement – Finland – 2015 Carbon footprint of public procurement – Denmark – 2019 Priorities of the European Commission 2019-2024 European Green Deal and GPP COM (2019) 640 final of 11.12.2019 2.1.3. Mobilising industry for a clean and circular economy Public authorities, including the EU institutions, should lead by example and ensure that their procurement is green. The Commission will propose further legislation and guidance on green public purchasing. 2020 Circular Economy Action Plan and GPP 2.A SUSTAINABLE PRODUCT POLICY FRAMEWORK 2.2 Empowering consumers and public buyers COM (2020) 98 final of 11.03.2020 2020 Circular economy action plan Designing sustainable products •Sustainable products initiative: revision of the Ecodesign Directive to go beyond energy-related products Empowering consumers and public buyers •Revision of the consumer law: consumers to receive trustworthy and relevant information on products at the point of sale •Establishing a new “Right to repair” •Legislative proposal to ensure companies substantiate their green claims using Product and Organisation Environmental Footprint methods Minimum mandatory GPP criteria in sectoral legislation – new Batteries regulation Commission proposal for a regulation adopted on 10 December 2020 COM/2020/798 final https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0798 Chapter X - Art. 70 Green public procurement Minimum mandatory GPP criteria in sectoral legislation – new Batteries regulation (2) Minimum mandatory GPP criteria in sectoral legislation – EU energy efficiency directive (1) •Chapter II – Exemplary role of public sector • •Art. 6 – exemplary role of public bodies buildings at least 3 % of the total floor area of heated and/or cooled buildings owned by public bodies is renovated each year to at least be transformed into nearly zero-energy buildings • Art. 7 – Public procurement contracting authorities to buy only products, services, buildings and works with high energy efficiency in accordance to requirements referred to in Annex IV (which makes reference, among others documents, to EU GPP criteria-set) Minimum mandatory GPP criteria in sectoral legislation – EU energy efficiency directive (2) ▫Widening the scope of the Ecodesign Directive to the broadest possible range of products ▫Establishing sustainability principles and setting product requirements on: oImproving product durability, reusability, upgradability and reparability oIncreasing recycled content in products and facilitating remanufacturing, including possible measures on production processes oRestricting single-use, countering premature obsolescence, banning the destruction of unsold durable goods oIncentivising product-as-a-service oMandatory labelling a/o provision of information in the form of a digital product passport oRewarding sustainable products by linking incentives to sustainability performance levels; minimum sustainability requirements on public procurement of products oAddressing social aspects throughout the lifecycle of products where feasible Priority to CEAP key value chains and intermediate products such as steel, cement, chemicals Sustainable Products Initiative (SPI) (1) Sustainable Products Initiative (SPI) (2) Commission proposal adopted on 30 March 2022 COM(2022) 142 final Art. 58 Reference to mandatory GPP criteria that will be adopted as part of the delegated act setting requirements for specific product groups Priority product categories: •electronics & ICT equipment •Textiles •furniture •steel, cement & chemicals. https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-product s-initiative_en Construction Products Regulation Commission proposal adopted on 30 March 2022 COM(2022) 144 final The Construction Products Regulation lays down EU-wide rules for marketing construction products. This initiative will review these rules. It includes: •addressing the issues identified in the 2019 evaluation •improving how the single market for construction products functions. The aim is to unlock the sector’s growth and jobs potential, promote environmental goals as part of the Green Deal and Circular Economy Action Plan, and possibly promote product safety. Art. 84 Reference to mandatory GPP criteria that will be adopted as part of mandatory standards and implementing acts setting requirements for specific products Reducing packaging waste – review of rules In a ‘circular economy’, waste is reduced and goods are re-used and recycled as much as possible. This means that packaging waste should also be reduced, and packaging should be made easier to recycle. The Commission will review the requirements on packaging and packaging waste in the EU. This will include assessing how to: • improve packaging design to promote reuse and recycling • increase recycled content in packaging • tackle excessive packaging • reduce packaging waste Legislative framework for sustainable food systems This initiative aims to make the EU food system sustainable and to integrate sustainability into all food-related policies. It will lay down general principles and objectives, together with the requirements and responsibilities of all actors in the EU food system. More specifically, it will lay down rules on: •sustainability labelling of food products •minimum criteria for sustainable public procurement of food •governance and monitoring. Topic: Food safety Type of act: Proposal for a regulation Open Public consultation: 2nd quarter 2022 Commission adoption: 4th quarter 2023 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13174-Sustainable-EU-food -system-new-initiative_en GPP website of the European Commission: •Full sets of EU GPP criteria and background reports in 20+ languages •Buying Green Handbook •Updated GPP Training Toolkit •Circular Procurement brochure •More than 180 GPP Examples •News and upcoming events General GPP Help desk: gpp-helpdesk@iclei.org GPP Newsletter Exchange Platform - https://procurement-forum.eu/ GPP support tools http://ec.europa.eu/environment/gpp/images/CP%20brochure%20cover.jpg This is an overview of the main tools developed by the European Commission to support to uptake of GPP. They are available through the EU GPP webpage (https://ec.europa.eu/environment/gpp/index_en.htm). Common EU GPP Criteria •Clear, verifiable, justifiable and ambitious environmental criteria • •Scientific evidence base, life-cycle approach • •Having common criteria reduces considerably the administrative burden for economic operators and for public administrations implementing GPP • •~ 20 product groups covered (e.g. food and catering services, cleaning services, public space maintenance, computers, vehicles, data centres, etc.) • •Voluntary (unless differently defined by Member States) • •Section on LCC is always inlcuded EU GPP Criteria Food & Catering services Computer, monitors, tablets and smartphones Furniture 99679329 200314329-001 Copying and graphic paper 136590169 Cleaning products and services Public space maintenance 483671439 Office Buildings 495417901 Road transport 184040219 516632211 Electricity Textiles 162058206 à Feedback on EU GPP criteria are welcome! new The basic concept of GPP relies on having clear, verifiable, justifiable and ambitious environmental criteria for products and services, based on a life-cycle approach and scientific evidence base. In the Communication “Public procurement for a better environment” (COM (2008) 400) the Commission recommended the creation of a process for setting common GPP criteria. The criteria used by Member States should be similar to avoid a distortion of the single market and a reduction of EU-wide competition. Having common criteria reduces considerably the administrative burden for economic operators and for public administrations implementing GPP. Common GPP criteria are of a particular benefit to companies operating in more than one Member State as well as SMEs (whose capacity to master differing procurement procedures is limited). Since 2008, the Commission has developed more than 20 common GPP criteria. The priority sectors for implementing GPP were selected through a multi-criteria analysis including: scope for environmental improvement; public expenditure; potential impact on suppliers; potential for setting an example to private or corporate consumers; political sensitivity; existence of relevant and easy-to-use criteria; market availability and economic efficiency. The criteria are regularly updated. The GPP criteria are based on data from an evidence base, on existing ecolabel criteria and on information collected from stakeholders of industry, civil society and Member States. The evidence base uses available scientific information and data, adopts a life-cycle approach and engages stakeholders who meet to discuss issues and develop consensus. For certain product group, where the market is global (e.g. computers, data centres, imaging equipment, vehicles, … the criteria could also be applied in countries outside the EU. GPP Good practice [USEMAP] According to the feedback received from Member States and contracting authorities, the exchange of good procurement practices is one of the most effective ways to help them increase the use of GPP. Therefore, since January 2010, the European Commission has been promoting good practice experiences on GPP to illustrate how public authorities in Europe have successfully 'greened' a public tender or procurement process. These include the use of life-cycle costing (LCC), circular economy principles, approaches fostering sustainable innovation, among others. These good practice cases also provide some tips for replicating experiences under the ‘lessons learned’ sections. ▪Computers and monitors ▪Indoor lighting ▪Outdoor lighting ▪Imaging equipment ▪Vending machines GPP Life Cycle Costing Tools Life cycle costing - GPP - Environment - European Commission (europa.eu) THANK YOU FOR YOUR ATTENTION! vomacka@mail.muni.cz