European Rules

• European Rules

  The public procurement directives do not explicitly mention environmental or green issues. However it is important that you can demonstrate that you can adhere to environmental expectations and requirements when tendering for a contract.

  Several Member States as well as the Organisation for Economic Co-operation and Development (OECD) have adopted policies or recommendations on “greening” public procurement.

  The conditions under which protection of the environment can be taken into account in the contract award procedure are as follows:

  • In drawing up specifications or defining requirements for goods and services, contracting entities can choose those which correspond with protection of the environment. However these must not be discriminatory in terms of the Treaty.
  • They can encourage suppliers to adopt a positive approach to the environment by accepting tenders offering products which take account of environmental values.
  • The procurement rules allow, in certain instances, candidates who are in breach of national environmental legislation to be excluded.
  • The directives can include protection of the environment in criteria for selection of candidates, in so far as these criteria are aimed at testing the financial, economic and technical capacity of applicants.
  • In setting award criteria it is possible to include environmental elements when seeking the economically most advantageous tender. However this is on condition that such elements imply an objective economic advantage to the product or service.

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