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A handbook on
environmental public procurement
European Commission
Important notice
This handbook is an indicative document of the Commission services and cannot be considered binding
to this institution in any way. It should also be noted that the handbook is subject to the evolution of
Commission practice and case-law of the Court of Justice.
Freephone number:
00 800 6 7 8 9 10 11
A great deal of additional information on the European Union is available on the Internet.
It can be accessed through the Europa server (http://europa.eu.int).
ISBN 92-894-8117-x
Printed in Belgium
INTRODUCTION ............................................................................................................................................ 5
3
Green procurement:
the essentials
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visibility (Chapter 1).
• if you are uncertain about the actual • Always make sure that everything you ask of
existence, price or quality of green products potential bidders and their offers relates to the
4
or services, ask for green variants. subject matter of the contract.
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Introduction
(1) This project has been financed by the Key Action ‘City of
tomorrow and cultural heritage’ under the fifth framework
programme for RTD. It has published a guidebook for helping
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5
Introduction
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Buying green! – A handbook on environmental public procurement
This handbook is designed to help public authorities the smaller companies — to understand and
successfully launch a green purchasing policy. meet the environmental purchasing requirements
It explains the possibilities offered by European imposed on them.
Community law in a practical way, and looks at
simple and effective solutions that can be used The handbook is available on the Europa
in public procurement procedures. For practical website of the Commission on green public
reasons the handbook follows the logic and procurement, which contains further practical
structure of a procurement procedure. It also gives information, useful links and contact
many practical examples of green purchasing by information for contracting authorities who
public authorities across the EU (1). want to make their purchases greener
(http://europa.eu.int/comm/environment/gpp/).
We have produced this handbook chiefly for public
authorities, but we hope that it will also inspire
corporate purchasers. It should also help suppliers,
service providers and contractors — particularly
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The public procurement directives (5) adopted on
31 March 2004 consolidate and complement
Buying green! – A handbook on environmental public procurement
In principle, it should be fairly easy for all public at the right level to get best value for money and
authorities to take the political decision to buy green. whether they match the environmental priorities of
Indeed, they should be encouraged to do this as the contracting authority.
it will not only benefit the environment but also
the contracting authority by improving its public
image. In fact, a green purchasing policy does not An environmental practice guide in
normally require any structural changes by the
contracting authority.
Barcelona
The local authority in Barcelona has produced
But putting the policy into practice will first require
for its 12 000 employees a good environmental
some strategic planning: organising appropriate
practice guide, covering green purchasing in-
training for purchasing staff, ensuring access to
formation and other environmental issues (1).
environmental information, and setting priorities
when choosing the contracts most suitable for (1) More information is available on the Internet
‘greening’. Once this is in place, contracting (http://www.bcn.es/agenda21/A21_text/guies/
authorities will then be able to proceed with the GreenOfficeGuide.pdf).
proper organisation of a green public procurement
procedure (Chapter 2).
It is important to communicate a green purchasing
policy to a wide range of stakeholders, including
1.1. Assessing training needs and ensuring present and future suppliers, service providers or
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efficient office equipment). Alternatively, start
by ensuring that contract specifications do not
have a negative impact on the environment (e.g.
by excluding the use of recycled components).
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Chapter 2
Organising public procurement
Summary
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• It is particularly important to analyse exactly
what it is you need, before deciding on a
solution.
Buying green! – A handbook on environmental public procurement
2.1. Introduction
Summary
• When defining the subject matter of a contract,
contracting authorities have great freedom to
choose what they wish to procure. This allows
ample scope for including environmental
considerations, provided that this is done
without distorting the market, i.e. by limiting or
hindering access to it.
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eco-labels may prove very useful for the
drafting of technical specifications; however,
it is not allowed to require tenderers to have
registered under any eco-label scheme.
The ‘subject matter’ of a contract is about what However, freedom to define the contract is not
product, service or work you want to procure. This unlimited. In some cases the choice of a specific
process of determination will generally result in a product, service or work may distort the level
basic description of the product, service or work, playing-field in public procurement for companies
but it can also take the form of a performance- throughout the EU. There have to be some
based definition. safeguards.
For environmental considerations, a performance- These safeguards lie, first of all, in the fact that the
based definition appears preferable, since in this provisions of the EC Treaty on non-discrimination,
case the contracting authority does not need to the freedom to provide services and the free
meticulously stipulate all the characteristics that the movement of goods apply in all cases, and therefore
product/service/work should possess, but only the also to public procurement contracts under the
desired effect it should have. thresholds of the directives or to certain aspects of
contracts which are not explicitly covered by the
directives. In practice, this means that you have to
3.1.1. The right to choose ensure that the contract will not affect access to
your national market by other EU operators.
In principle you are free to define the subject of the A second safeguard is that, according to public
contract in any way that meets your needs. Public procurement rules, the technical specifications used
procurement legislation is not so much concerned to define the contract must not be defined in a
14 with what contracting authorities buy, but mainly discriminatory way.
Chapter 3 — Defining the requirements of the contract
3.1.3. Conducting a market analysis The French government has launched plans to
apply HQE (haute qualité environnementale), a
In the process of determining what to buy, it is method of achieving high environmental qual-
essential to have some understanding of the market. ity in the building sector, to social housing and
It is very difficult to develop a concept for a urban planning. This method focuses on design-
product, service or work, without knowing what is ing buildings that use less water and energy and
available. Green alternatives are not always obvious require less maintenance (2).
or well advertised.
(2) More information can be found on the Internet
So you need to do some research. This research (http://www.logement.equipement.gouv.fr/alaune/dossiers/
could take the form of a market analysis. A market presse_030102.pdf).
analysis is a general survey of the potential in
the market that could satisfy your defined need.
In order to be successful, this analysis has to
be conducted in an open and objective manner,
focusing on what general solutions are available For certain public and private projects, it is obligatory
on the market and not on preferred or favoured to carry out an Environmental Impact Assessment
contractors. It will then show environment-friendly (EIA). This obligation does not derive from the
alternatives, if there are any, and the general price procurement directives, but it may have an effect on
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level of the options available. the definition of the subject matter of the contract
Chapter 3 — Defining the requirements of the contract
or the performance clauses (1). The environmental 3.1.5. Recommendations regarding supply
impact analysis provides national authorities with and service contracts
relevant information which enables them to take
a decision in full knowledge of the environmental The environmental benefits of green supply and
impact of their decision. In the process of defining service contracts come with the end result: the final
the subject matter of the contract, carrying out an product or service.
environmental impact assessment can lead to a more
balanced decision. An important consideration is to improve general
energy use by, for example, higher energy
In the same way, Directive 2002/91/EC on the efficiency. This will help the environment and will
energy performance of buildings (2), which obliges save money at the same time.
Member States to lay down minimum requirements
on the energy performance of new buildings and Another point to consider is the environmental
of large existing buildings that are subject to major
impact of the green product or service at the stage
renovation, will have an effect on the definition of
where waste is disposed. A market analysis may
the subject matter and technical specifications of the
reveal large differences in terms of:
works contract for the construction or renovation of
those buildings.
• disposal volume,
(1) The environmental impact assessment was introduced in 1985 by • the harmful impact of materials, and
Buying green! – A handbook on environmental public procurement
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Another important feature is the durability of the • They describe the contract to the market so
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ent options. The suppliers could then opt for
natural heating and ventilation systems, instead
of burning fossil fuels.
However, when setting performance-based This gives a broad acceptability to the technical
specifications, you have to be even more careful solution provided by the European standard.
than when setting conventional technical
specifications. As the options available on the Some technical standards include clauses that cover
market can vary considerably, you should make the environmental characteristics of products or
Buying green! – A handbook on environmental public procurement
sure your specifications are clear enough to allow services. If these specifications are used in public
you to make a proper and justifiable evaluation. procurement, companies have to provide proof either
that they can comply with the standards or, if they
do not follow the same methods, that they meet the
3.2.3. Environmental technical standards performance levels set by the standards. If they cannot
provide this proof, they will have to be eliminated.
Technical standards can take a number of forms.
These extend from full European standards On specific points, you can define a higher level
(ENs), through European technical approvals and of environmental protection than laid down in
international standards to national standards and a standard, provided this does not discriminate
national technical specifications. Standards are against potential tenderers.
useful in public procurement specifications as The European standards organisations are promoting
they are clear, non-discriminatory and developed environmental considerations. For example, CEN
on a consensus basis. At European level, they are now has a special environmental helpdesk that gives
prepared by the European standards organisations: advice and assistance to the technical committees (3).
the European Committee for Standardisation (CEN),
the European Committee for Electrotechnical The European Commission itself is also committed
Standardisation (Cenelec) (1) and the European to ‘greening’ technical standards. It has adopted a
Telecommunications Standards Institute (ETSI) (2). communication on the integration of environmental
The process of European standardisation includes aspects into European standardisation (4).
the participation of a wide range of stakeholders,
including national authorities, environmental
organisations, consumer associations, and industry. (3 ) More information can be found on the CEN website
(http://www.cenorm.be/cenorm/index.htm).
(1) More information can be found on the Internet (4) Communication adopted on 25 February 2004 (COM(2004)130 final);
(http://www.cenelec.org). more information is available on the Europa website
(http://europa.eu.int/comm/environment/standardisation/
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(2) More information can be found on the Internet (http://www.etsi.org). index_en.htm).
Chapter 3 — Defining the requirements of the contract
• specific requirements for presenting variants • by using different types of labels for different
in bids (such as requiring a separate envelope purposes, for example, single-issue labels can be
indicating variant or indicating that a variant can useful for a step by step approach.
only be submitted combined with a neutral bid).
• the eco-labels are adopted with the participation (2) For more information, see the Internet (http://europa.eu.int/
of all stakeholders, such as government bodies, comm/environment/ecolabel/index_en.htm).
consumers, manufacturers, distributors and (3) For more information, see the Internet
(http://www.svanen.nu/Eng/default.asp).
environmental organisations;
(4) For more information, see the Internet (http://www.blauer-
1 engel.de/englisch/navigation/body_blauer_engel.htm).
() See Article 23 of Directive 2004/18/EC and Article 35 of Directive
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2004/17/EC.
Chapter 3 — Defining the requirements of the contract
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3.4.3. The case of renewable energy Purchase of renewable electricity by
British and Dutch local authorities
Directive 2001/77/EC on the promotion of
electricity produced from renewable energy sources At the beginning of 2002, Sheffield Hallam Uni-
provides a definition of renewable energy sources versity in the United Kingdom decided to cover
Buying green! – A handbook on environmental public procurement
and of electricity produced from renewable energy 5 % of its electricity demand with green electric-
sources (1). ity and awarded the contract to a green electric-
ity supplier. The purchase of 5 % of its electricity
Because electricity produced from renewable has enabled the university to lower its carbon
energy sources is physically indistinguishable emissions by approximately 1.5 to 2 % a year.
from electricity produced from conventional Further energy efficiency measures will bring
sources, the method of proof is crucial in ensuring this figure to 3 %, which is the annual target of
that the public authority is getting value the university (2).
(including environmental value) for money.
Directive 2001/77/EC requires Member States Nearly all public buildings and street lighting in
to ensure that the origin of electricity from South-East Brabant in the Netherlands are pow-
renewable energy sources can be guaranteed ered by green electricity. In March 2002, 21 mu-
according to objective, transparent and nicipalities in the Eindhoven Cooperation Region
non-discriminatory criteria by no later than signed a contract with a supplier to obtain green
27 October 2003. Accordingly, Member States electricity for 75 % of their consumption, repre-
have to ensure that a guarantee of origin for senting about 29 million kWh. The municipalities
green electricity is issued whenever requested. banded together in order to obtain a better price
from the utility. As well as the environmental im-
provement, the negotiated contract offers a cost
saving of EUR 620 000 over previous contracts.
The production of organic food is a specialised A similar approach was adopted in Vienna, with
process. a focus on those foodstuffs that are easily avail-
able from organic farming without supply prob-
For a food product to be marketed as organic in lems. These now include cereals, dairy prod-
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Chapter 4
Selecting suppliers, service providers or
contractors
concerned or grave misconduct, permitting to list of selection criteria which can be prescribed by
exclude the party concerned from competing the contracting authority with a view to checking
for the contract. the technical capacity of the tenderers to execute
the tendered contract (1).
• Does the tendering company have the relevant In other cases, environmental aspects can be
research and technical facilities available to adopted in the educational and professional
cover the environmental aspects? qualification. These qualities are especially
important in contracts that can only achieve their
In the criteria concerning the technical capacity, a environmental objectives through proper training of
useful instrument for integration of environmental the personnel.
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There are around 13 500 ISO 14001-certified
and around 4 000 EMAS-registered sites and
organisations in Europe.
Buying green! – A handbook on environmental public procurement
An example of such specific environmental This means that contracting authorities can
management measures would be a contract for never require companies to possess an EMAS
building a bridge in a protected area, therefore registration or comply (fully) with the
requiring the establishment of a series of spe- requirements of an EMAS registration.
cific management measures aimed at ensuring
effective protection of fauna and flora in the Finally, it should be noted that the use of an
area whilst building the bridge. EMAS registration is not limited to providing
proof of the technical capacity to perform
environmental management measures. In case a
contracting authority sets other environmental
selection criteria as mentioned in Section 4.3.1
(for example requirements regarding technical
equipment or personnel training) the EMAS
registration could, if it contains relevant
information on the particular requirements,
serve as a means of proof as well.
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Chapter 5
Awarding the contract
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Summary
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Rewarding for energy efficiency in
equipment cleaning
A contracting authority has prescribed in the
technical specifications that cleaning equip-
ment must not use more than 3 kW/h of electric-
ity. The contracting authority can then reward
better performing equipment by stating in the
award criteria that, when evaluating the ten-
ders, extra points will be awarded for equipment
that uses less kW/h than the minimum amount. It follows from the Court ruling in this case, and
from Directives 2004/17/EC and 2004/18/EC, which
specifically refer to this ruling in their first recital,
that all award criteria should meet four conditions.
5.2. Using the award criteria
5.2.1. General guidelines 1. Award criteria must have a link to the subject
The procurement directives (2004/17/EC and matter of the contract
2004/18/EC) explicitly allow environmental
Buying green! – A handbook on environmental public procurement
considerations to be included in award criteria. This This is essential. It ensures that award criteria relate
legislation builds on Court of Justice case-law. The to the needs of the contracting authority, as defined
basic rule on environmental award criteria was laid in the subject of the contract.
down in Case C-513/99 (Concordia Bus) (1).
(1) Judgment of the Court of Justice in Case C-513/99. The presence of a link in
the Concordia Bus case
The Concordia Bus case In the Concordia Bus case, the Court considered
that award criteria relating to the level of nitro-
In 1997; the Community of Helsinki, Finland, gen oxide emissions and the noise level of the
decided to put their bus services out to tender. buses, to be used to provide the transport serv-
They used award criteria such as overall price, ice, did meet the requirement of being linked to
quality of the bus fleet and operational quality. the subject matter of the contract.
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Community of Helsinki were discriminatory be-
cause the Community’s own bus company HKL
was the only company with gas-powered vehi-
cles that could comply with these emission lev-
els. The Court of Justice ruled that the fact that
one of the award criteria set by the contracting
authority could only be satisfied by a small
number of companies did not in itself make this you can start with a simple comparison of obvious
discriminatory. Therefore, when determining and measurable costs.
whether there has been discrimination, all the
facts of the case must be taken into account (1). Life-cycle cost: a suggestion by the UK Chartered
Institute of Purchasing (2)
Buying green! – A handbook on environmental public procurement
(1) One of these facts in this case was that the complainant,
Concordia Bus, was awarded a different lot in which the
same requirement of gas-powered vehicles was applied. (2) More information is available on the CIPS homepage
(http://www.cips.org/).
5.2.3. How to use total life-cycle costing to when you buy can in some cases turn a bargain
promote environmental considerations into an expensive purchase. Disposal costs can
range from the cost of physical removal to paying
The policy of saving costs — and the environment for secure disposal. Frequently, disposal is governed
at the same time — by using the ‘life-cycle costing’ by very strict regulations.
B. Savings on disposal costs The examples show that including in the award
criteria the amount and composition of the waste
Disposal costs are easily forgotten when procuring can save you money and help the environment.
a product or tendering for a construction project. And once the approximate cost of waste disposal
Costs of disposal will eventually have to be paid, has been calculated, it should be possible to
although it sometimes takes considerable time to translate the environmental criterion of waste
take effect. Not taking these costs into account reduction into an economic one. 37
Chapter 6
Contract performance clauses
6.1. Rules governing contract clauses The UK Environment Department (Defra) guide-
lines on green procurement specify that all con-
• Contract clauses should not play a role in tractors working on their site must follow the
determining which tenderer gets the contract, environmental policy of the department. This
which means that any bidder should, in includes rules on smoking, putting waste into
principle, be able to cope with them. They the appropriate bins, complying with parking
should not be disguised technical specifications, restrictions and generally following the rules on
award or selection criteria. Whereas tenderers environmental protection that apply to staff (2).
must prove that their bids meet the technical
specifications, proof of compliance with contract (2) More information can be found on the Defra (UK Department
clauses should not be requested during the for Environment Food and Rural Affairs) homepage
(http://www.defra.gov.uk).
procurement procedure. For example, you may
not use contract clauses to require a particular
production process (for supplies), or staff with
particular experience (for services), since these 6.2. Contract performance clauses for the
are conditions that relate to the selection of the provision of works or services
contractor. These aspects should be handled
within the relevant stage of the procedure laid Examples of possible contract performance clauses
down in the public procurement directives. for works or service contracts include:
• Even though contract clauses are considered • transport of products and tools to the site:
to be outside the procedure of the award of
contracts they still need to be set out clearly in — delivery of products to the site in
the call for tenders. Indeed, tenderers should be concentrated form and then dilution on site,
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