Despite the potential usefulness and practical benefits for both contracting authorities and tenderers of using sustainability standards (labels and certificates) in procurement processes, there has been confusion about how to do this in a way that is compatible with EU law. The revised Directive must put this right and in trilogue there is still a chance to tighten up the drafting.

ClientEarth´s main concern is that both Council and IMCO positions do not bring the necessary legal certainty to ensure that contracting authorities are able to take advantage of labels and the burden-relieving role that they can play. This is due to serious inconsistencies and illogicalities between different paragraphs in the Article. These concerns are further explained in the briefing and commentary on Article 41.

Read the explanatory mini-briefing

Size 131 KB
Published March 1, 2013
Found in Rule of law