Using technical specifications and award criteria to promote sustainable development – reflections on IMCO amendments

Under the current Directive regulating public procurement, there has been significant confusion with regard to the types of concerns that can be included at different stages of the procurement. The revision of the Directive must open up space for contracting authorities to use public procurement to promote sustainable development and/or ensure that it is reinforcing rather than undermining EU or Member State policies.

Among the 1,500+ amendments to the Commission’s proposal submitted by the lead European Parliament committee (IMCO), there are significantly diverging approaches to tackling this problem. In this briefing, we review some of the major points of difference, such as whether a contracting authority’s choice to make a characteristic compulsory should be constrained, and indeed whether they should be restricted to characteristics that manifest only in the use-phase, (which would mean that products that have been sustainably produced cannot be differentiated)

Size 238 KB
Published September 1, 2012
Found in Rule of law