Buying green!
A handbook on
environmental public procurement
European Commission

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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.
Europe Direct is a service to help you fi nd answers
to your questions about the European Union
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).
Cataloguing data can be found at the end of this publication.
Luxembourg: Offi ce for Offi cial Publications of the European Communities, 2004
ISBN 92-894-8117-x
© European Communities, 2004
Reproduction is authorised provided the source is acknowledged.
Printed in Belgium
PRINTED PRINTED ON RECYCLED PAPER

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Contents
GREEN PROCUREMENT: THE ESSENTIALS ............................................................................................. 4
INTRODUCTION ............................................................................................................................................ 5
CHAPTER 1 -- GREEN PURCHASING STRATEGIES ................................................................................ 9
1.1. Assessing training needs and ensuring access to environmental information ............................................9
1.2. Setting general priorities for greening your procurement ............................................................................10
CHAPTER 2 -- ORGANISING PUBLIC PROCUREMENT ......................................................................... 12
2.1. Introduction
....................................................................................................................................................... 12
2.2. The nature of the public procurement procedure .......................................................................................... 12
2.3. The different stages of the procurement procedure ...................................................................................... 13
2.4. The importance of assessing your actual needs ............................................................................................ 13
CHAPTER 3 -- DEFINING THE REQUIREMENTS OF THE CONTRACT ................................................ 14
3.1. Defi ning the subject matter .............................................................................................................................. 14
Buying green!
3.2. Drawing up the technical specifi cations ........................................................................................................ 17
3.3. Eco-labels
........................................................................................................................................................... 19
3.4. Purchasing specifi c materials and taking into account production and process methods ...................... 22
­ A handbook on environmental public procurement
CHAPTER 4 -- SELECTING SUPPLIERS, SERVICE PROVIDERS OR CONTRACTORS ........................ 27
4.1. Introduction
....................................................................................................................................................... 27
4.2. Exclusion criteria
............................................................................................................................................... 27
4.3. Technical capacity
............................................................................................................................................. 28
CHAPTER 5 -- AWARDING THE CONTRACT .......................................................................................... 32
5.1. General rules for awarding a contract ............................................................................................................ 32
5.2. Using the award criteria ................................................................................................................................... 34
CHAPTER 6 -- CONTRACT PERFORMANCE CLAUSES ......................................................................... 38
6.1. Rules governing contract clauses .................................................................................................................... 38
6.2. Contract performance clauses for the provision of works or services ....................................................... 38
6.3. Contract performance clauses for the supply of goods ................................................................................ 39
6.4. The impact of transport .................................................................................................................................... 39
3

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Green procurement:
the essentials
Green public procurement is a step-by-step
process. Here are the steps.
· Consider which products, services or works
are the most suitable on the basis both of their
environmental impact and of other factors, such
as the information you have, what is on the
market, the technologies available, costs and
© Communauté européenne
visibility (Chapter 1).
· Identify your needs and express them
appropriately. Choose a green title to
communicate your policy to the outside world,

ensuring optimum transparency for potential
suppliers or service providers, and for the
citizens you are serving (Chapter 2).
· Establish selection criteria on the basis of
· Draw up clear and precise technical
the exhaustive list of criteria mentioned in
specifi cations, using environmental factors
the public procurement directives. Where
where possible (pass/fail conditions) (Chapter 3):
appropriate include environmental criteria to
prove technical capacity to perform the contract.
· look for examples of environmental
Tell potential suppliers, service providers or
characteristics in databases/eco-labels;
contractors that they can use environmental
management schemes and declarations to prove
· build upon the `best practices' of other
compliance with the criteria (Chapter 4).
contracting authorities; use networking as a

way of obtaining and spreading information;
· Establish award criteria: where the criteria of
the `economically most advantageous tender' is
· take
a
scientifi cally sound `life-cycle costing
chosen, insert relevant environmental criteria
approach'; do not shift environmental
either as a benchmark to compare green offers
impacts from one stage of the life cycle to
with each other (in the case where the technical
another;
specifi cations defi ne the contract as being green)
or as a way of introducing an environmental
· use performance-based or functional
element (in the case where the technical
specifi cations to encourage innovative green
specifi cations defi ne the contract in a `neutral'
offers;
way) and giving it a certain weighting. Consider
the life-cycle costing (Chapter 5)!
· consider environmental performances, such
­ A handbook on environmental public procurement
as the use of raw materials, sustainable
· Use contract performance clauses as a way
production methods (where relevant for the
of setting relevant extra environmental
end product or service), energy effi ciency,
conditions in addition to the green contract.
renewable energies, emissions, waste,
Where possible, insist on environment-friendly
`recyclability', dangerous chemicals, etc.;
transport methods (Chapter 6).
Buying green!
· 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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© Communauté européenne
Introduction

What is the connection between public
purchasing and the environment?
Public authorities are major consumers in Europe,
same time. By purchasing wisely, you can save
spending some 16 % of the EU's gross domestic
materials and energy, reduce waste and pollution,
product (which is a sum equivalent to half the
and encourage sustainable patterns of behaviour.
GDP of Germany). By using their purchasing
power to opt for goods and services that also
respect the environment, they can make an
important contribution towards sustainable
Potential environmental benefi ts
development. Green public procurement covers
areas such as the purchase of energy-effi cient
The European Commission has co-funded a
computers and buildings, offi ce equipment made
research project -- called Relief (1) -- to sci-
of environmentally sustainable timber, recyclable
entifi cally assess the potential environmental
paper, electric cars, environment-friendly public
benefi ts if green public procurement were to
transport, organic food in canteens, electricity
be widely adopted across the EU. The fi ndings
stemming from renewable energy sources, and air
produced the following conclusions.
conditioning systems complying with state of the
art environmental solutions.
· If all public authorities across the EU de-
manded green electricity, this would save the
Buying green!
Green purchasing is also about setting an example
equivalent of 60 million tonnes of CO2, which
and infl uencing the market place. By promoting
is equivalent to 18 % of the EU's greenhouse
green procurement, public authorities can provide
gas reduction commitment under the Kyoto
industry with real incentives for developing green
Protocol. Nearly the same saving could be
technologies. In some product, works and service
achieved if public authorities opted for build-
­ A handbook on environmental public procurement
sectors, the impact can be particularly signifi cant,
ings of high environmental quality.
as public purchasers command a large share of the
market (in computers, energy-effi cient buildings,
· If all public authorities across the EU were to
public transport, and so on).
require more energy-effi cient computers, and
this led the whole market to move in that di-
Finally, if you consider life-cycle costs of a
rection, this would result in a saving of 830 000
contract, green public procurement allows you to
tonnes of CO .
2
save money and protect the environment at the
· If all European public authorities opted for
effi cient toilets and taps in their buildings,
this would reduce water consumption by 200
million tonnes (equivalent to 0.6 % of total
household consumption in the EU).
(1) This project has been fi nanced by the Key Action `City of
tomorrow and cultural heritage' under the fi fth framework

programme for RTD. It has published a guidebook for helping
local authorities to green their purchasing decisions. For
further information on the Relief project, see the Internet
(http://www.iclei.org/europe/ecoprocura/info/politics.htm).
5
© Communauté européenne

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Introduction
© Communauté européenne

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 chiefl y for public
authorities, but we hope that it will also inspire
­ A handbook on environmental public procurement
corporate purchasers. It should also help suppliers,
service providers and contractors -- particularly
Buying green!
(1) Important notice: Although the information in the handbook has
been carefully checked, the European Commission accepts no liability
6
or responsibility with regard to the specifi c cases mentioned in the
handbook or the linked websites.

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Introduction
Political and legal context
The implementation of the EU sustainable de-
velopment strategy and the sixth EAP in the
For many years, purchasing authorities did not
enlarged Union will be particularly challenging.
really take account of the environmental value
of goods, services or works.
At international level, the EU has played a
leading role in developing and promoting key
However, the global economic and political
international environmental agreements and
background has changed, with the emer-
conventions. For example, in ratifying the Kyoto
gence of the concept of sustainable develop-
Protocol on Climate Change in 2002, the EU
ment -- `development that meets the needs of
committed itself to reducing its greenhouse gas
the present without compromising the ability
emissions by 8 % between 2008 and 2012 (com-
of future generations to meet their own needs'
pared with 1990 levels).
-- and the need to take environmental consid-
erations into account in all other policies (along-
Achieving sustainable development at all levels
side economic and social concerns).
of governance cannot be established if there
is no integration of the environmental dimen-
Since its inclusion in the Treaty in 1997, sustain-
sion into all other policy areas, through the
able development is recognised as an overarch-
proper implementation of environmental poli-
ing goal of the EU. At Lisbon in 2000, EU leaders
cies by increasing the use of market-based in-
Buying green!
stated their objective of making the EU `the most
struments and through information of the public
competitive and dynamic knowledge-based
with a view to foster the necessary behavioural
economy in the world, capable of sustain-
changes (3). At worldwide level, green public
able economic growth with more and better
procurement is specifi cally mentioned in the
jobs and greater social cohesion' by 2010. The
`Plan of implementation' of the World Summit
­ A handbook on environmental public procurement
Lisbon strategy was supplemented by a third,
on Sustainable Development, held in Johan-
environmental, pillar following the adoption of
nesburg in December 2002, which encourages
the EU sustainable development strategy at the
`relevant authorities at all levels to take sustain-
Gothenburg European Council in 2001 (1). This
able development considerations into account
strategy marked a turning point. The aim was to
in decision-making' and to `promote public pro-
promote economic growth and social cohesion
while paying due regard to environmental pro-
tection. Conversely, it implies that environmental
objectives will need to be weighed against their
economic and social impacts so that `win­win'
solutions should as far as possible be devised
(1) COM(2001) 264 fi nal.
for the economy, employment and environment.
(2) Decision No 1600/2002/EC of the European Parliament
In 2002, the Council and European Parliament
and of the Council of 22 July 2002 laying down the sixth
adopted the sixth environment action pro-
Community environment action programme (OJ L 242,
gramme (2), setting out the EU environmental
10.9.2002).
roadmap for the next 10 years and identifying
(3) It should be noted that the present guide will confi ne itself
four priority areas where action is urgently
to the environmental aspect of sustainable development.
As far as the social aspect of sustainable development
needed: climate change, nature and biodiver-
is concerned, reference is made to the Commission
sity, resource management, and environment
interpretative communication of 15 October 2001 on the
and health.
possibilities for integrating social considerations into public
procurement and to the new public procurement directives
which make explicit reference to these possibilities.
7

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Introduction
curement policies that encourage development
and diffusion of environmentally sound goods
and services' (1).
In the framework of the Organisation for Eco-
nomic Cooperation and Development (OECD),
OECD member countries agreed on a Council
recommendation `to improve the environmental
performance of public procurement' (2).
In its interpretative communication of 4 July
2001 (3), the European Commission set out the
possibilities offered by Community law to inte-
grate environmental considerations into public
procurement procedures. The Court of Justice
further clarifi ed those possibilities (4).
© Communauté européenne
The public procurement directives (5) adopted on
31 March 2004 consolidate and complement
the legal context. They specifi cally mention in
their recitals and provisions the possibilities
for adopting environmental considerations in

technical specifi cations selection and award
criteria, and contract performance clauses.
Although the directives apply only to public
procurement contracts whose estimated value
is above certain thresholds (as mentioned in the
(1) For more information, see the Internet
directives), the Court of Justice has ruled that
(http://www.un.org/esa/sustdev/documents/WSSD_POI_
PD/English/POIToc.htm).
the EC Treaty principles of equal treatment and
transparency, as well as the free movement of
(2) See the text on the Internet -- 23 January 2002 -- C(2002)3
(http://webdomino1.oecd.org/horizontal/oecdacts.nsf/Display/
goods, the freedom of establishment and the
875330FE889EC528C1256F040032D313?OpenDocument).
freedom to provide services, also apply to con-
(3) Commission interpretative communication of 4 July 2001 on
tracts under these thresholds.
the Community law applicable to public procurement and
the possibilities for integrating environmental considerations
into public procurement (COM(2002) 274 fi nal).
(4) Judgments of the Court of Justice of 17 September 2002 in
case C-513/99 and of 4 December 2003 in case C-448/01.
­ A handbook on environmental public procurement
(5) Directive 2004/18/EC of the European Parliament and of the
Council of 31 March 2004 on the coordination of procedures
for the award of public works contracts, public supply
contracts and public service contracts (hereinafter: Directive
2004/18/EC) and Directive 2004/17/EC of the European
Parliament and of the Council of 31 March 2004 coordinating
Buying green!
the procurement procedures of entities operating in
the water, energy, transport and postal services sectors
(hereinafter: Directive 2004/17/EC).
8

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Chapter 1
Green purchasing strategies
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 benefi t 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
Barcelona
contracting authority.
The local authority in Barcelona has produced
But putting the policy into practice will fi rst 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
GreenOffi ceGuide.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
Buying green!
access to environmental information
contractors, so that they can take account of the
new requirements.
The staff making the purchases should be given
the legal, fi nancial and environmental knowledge
Cooperation between purchasing authorities is
they need to decide to what extent and where
another way of increasing access to environmental
­ A handbook on environmental public procurement
environmental factors can best be introduced into
expertise and know-how and of communicating the
the procurement procedure, whether they are set
policy to the outside world.
Guidelines for eco-purchases in
Voralberg
The Austrian Land Voralberg consists of 96 small
municipalities, spread over a relatively sparsely
populated area. Most of the municipalities do not
have full-time purchasers, let alone environmen-
tal specialists. For green purchasing to be suc-
cessful in this environment, it was necessary to
cooperate and to relieve purchasers of as much
of the technical work of setting criteria as pos-
sible. In order to do this, Voralberg produced
eco-guidelines on the purchasing of construction

services, and of offi ce products and materials.
These are now available on the Internet (2).
(2) See the Voralberg website (http://www.vorarlberg.at/)
9
© Communauté européenne

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Chapter 1 -- Green purchasing strategies
1.2. Setting general priorities for greening
your procurement
· Adopt a step-by-step approach. Start with
a small range of products and services where
the environmental impact is clear or where
greener alternatives are easily available and not
more expensive (e.g. recycled paper, energy-
© Communauté européenne
effi cient offi ce equipment). Alternatively, start
by ensuring that contract specifi cations do not
have a negative impact on the environment (e.g.
by excluding the use of recycled components).

· Consider availability and cost of
Step by step in Dunkirk and Lille
environmentally superior alternatives.

Are there green(er) products on the market,
The town of Dunkirk in France adopted a step-

will they meet your requirements, and can
by-step approach with its fi rst efforts at green

you afford them?
public procurement in 1999. Beginning with one
product, and building up confi dence through
· Consider availability of data. Can you fi nd
testing and working closely with users, it cre-
the
scientifi c and environmental data you
ated the right climate for a move to more sys-

need to set criteria for this product? How
tematic green purchasing and consideration of
complicated will it be to decide what
greener alternatives for other products.

you want technically, and to express

it in a call for tender?
The City of Lille has set up an offi ce to train its
purchasers to look for substitute products that
limit environmental impact. They are starting
with six products: paper, paint, printing ink,
cleaning products, street lighting, and wood.
They will then try to defi ne a procedure to start
introducing other products.
Commission product and service
database
The Commission of the European Communities
has developed a database that contains sim-
ple environmental information on around 100
­ A handbook on environmental public procurement
· Consider environmental impact. Select those
product and service groups. It provides basic
products (i.e. vehicle fl eet) or services (i.e.
information to corporate and public purchas-
cleaning services) which have a high impact on
ers, such as the eco-labels available for a given
the environment.
product, or its key environmental impacts. It can
be consulted via the Internet
Buying green!
· Focus on one or more environmental
(http://europa.eu.int/comm/environment/green_
problems, such as climate change or waste.
purchasing).
Introduce general requirements on energy
10
effi ciency or recyclability.

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Chapter 1 -- Green purchasing strategies
· Look for visibility. How visible will the green
policy be to public and staff? Will they realise
German model project on solar heating
that we are making an effort to improve our
for swimming pools
environmental performance? High-profi le
changes like the type of vehicles used by the
In 1983, the European Commission and the
authority, or a change to organic food in the
German Ministry of Research and Technology
school canteen, can help build awareness of
initiated a model project to substitute conven-
the policy and link it to other environmental
tional pool water heating with solar heating.
projects.
The fi nancial push that public procurement has
given to this innovative product has helped bring
· Consider the potential for technological
the price down and has made the product more
development. If green purchasing can target
attractive to private purchasers.
products and services at an early stage in
their development and marketing, this may
be more successful than trying to change the
environmental characteristics of mature sectors.
Adopt a scientifi cally sound life-cycle approach.
Avoid shifting environmental impact from one
phase of the life cycle of a product to another.
Look for relevant information in underlying
specifi cations of eco-labels or in websites and
Buying green!
databases aimed at informing consumers.
­ A handbook on environmental public procurement

11
© Communauté européenne

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Chapter 2
Organising public procurement
Summary
· Public purchasers have a stricter obligation
than private purchasers to get the best value
for money and to be fair in procurement
procedures. Best value for money can include
environmental considerations. Being fair means
providing equal opportunities and guaranteeing
transparency.
· The preparatory stage is crucial. Thorough
analysis and planning is essential before
launching a tender if environmental goals are to
be achieved.
© Communauté européenne
· It is particularly important to analyse exactly
what it is you need, before deciding on a
solution.

2.1. Introduction
To make an environmental policy work it is
Best value for money
essential to look at the public procurement
procedure itself. A green procurement policy can, if
Contracting authorities have the responsibility
it is not carefully implemented, founder on practical
to get the best value for taxpayers' money for
issues such as when to ask for it, who to ask for it
everything they procure. Best value for money
and what criteria to use.
does not necessarily mean going only for the
cheapest offer. It means you have to get the best
deal within the parameters you set. The protection
2.2. The nature of the public procurement
of the environment can be one of these parameters
and can therefore act as an equal factor amongst
procedure
the others for the award of the contract. So
value for money does not exclude environmental
Public procurement is in essence a question of
considerations.
matching supply and demand, just as with any
private procurement procedure, the only difference
being that contracting authorities have to exercise
Acting fairly
special caution when awarding contracts. This is
­ A handbook on environmental public procurement
because they are public entities, funded by the
Acting fairly means following the principles of the
taxpayer's money.
internal market, which form the basis for the public
procurement directives and the national legislation
This special caution can be translated into two main
based on these directives. The most important of
principles:
these principles is the principle of equal treatment,
Buying green!
which means that all competitors should have an
· getting the best value for money
equal opportunity to compete for the contract.
To ensure this level playing fi eld, the principle of
12
· acting
fairly
transparency must also be applied.

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Chapter 2 -- Organising public procurement
2.4. The importance of assessing your actual
Examples of provisions that embody the princi-
needs
ple of equal treatment in the procurement direc-
tives are the time limits for the receipt of tenders
There is one crucial step that you need to do
and requests for participation and the common
at this preparatory stage even before defi ning the
rules on technical specifi cations.
subject of the contract. You need to assess your
actual needs.
Examples of application of the principle of trans-
parency can be found in the different provisions
on the publication of notices and the obligation
for contracting authorities to inform the tender-
For example, you need to disseminate informa-
ers concerned why their tenders were rejected.
tion to the public. You may decide to purchase
printed fl yers, posters, brochures and news-
paper ads. However, if you think in terms of
possible solutions rather than in terms of actual
2.3. The different stages of the procurement
needs, you may decide on more environment-
procedure
friendly solutions, such as dissemination of in-
formation by electronic means, using websites
or e-mails.
The preparatory stage of any procurement
Buying green!
procedure is crucial. Any mistakes at this stage
will adversely affect every successive stage, and
ultimately the end result, as all stages build upon
each other. Therefore, before starting a tendering
Therefore, in order to be effective, you should
procedure, you should set aside enough time
rather describe your needs in a functional manner,
for defi ning the subject of the contract and the
so as not to exclude any possibilities available on
­ A handbook on environmental public procurement
instruments to be used to reach the end result.
the market. Once you have properly analysed your
Another factor underlining the importance of the
need, you may even conclude that there is no need
preparatory stage is that the early stages of the
for a contract at all.
procurement procedure offer relatively the best
possibilities for taking into account environmental
considerations.
Buying less in Pori
The general structure of a public procurement
procedure is essentially no different from a
Green purchasing is not always about buying
private one. They both follow roughly the same
greener products. It may simply mean buying
stages: defi ning the subject matter of the contract,
less. In Pori, a Finnish city on the Baltic coast,
drawing up the technical specifi cations and
they created an internal reuse service, by
the contractual parameters for the product/
means of a web-based noticeboard. Employ-
work/service, selecting the right candidate and
ees who were no longer using a piece of offi ce
determining the best bid.
equipment could offer it to other departments or
staff who needed it (1).
The rest of this handbook devotes a chapter
to each stage, looking at ways of taking the
environment into account at each stage, and
(1) More
information
at:
Local Sustainability Case Description
giving practical examples and recommendations.
61 (http://www3.iclei.org/egpis/egpc-061.html)
13

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Chapter 3
Defi ning the requirements of the contract
Summary
· When
defi ning 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.
· Market analysis can provide essential
information about the environmental options
available and about general commercial rates
and conditions.
· The underlying technical specifi cations of
© Communauté européenne
eco-labels may prove very useful for the
drafting of technical specifi cations; however,
it is not allowed to require tenderers to have
registered under any eco-label scheme.

· Specifi c materials and environmental
production methods may be specifi ed,
if relevant.
with how they buy it. For that reason, none of the
procurement directives restrict the subject matter of
3.1. Defi ning the subject matter
a contract as such.
The `subject matter' of a contract is about what
However, freedom to defi ne the contract is not
product, service or work you want to procure. This
unlimited. In some cases the choice of a specifi c
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-fi eld in public procurement for companies
but it can also take the form of a performance-
throughout the EU. There have to be some
based defi nition.
safeguards.
For environmental considerations, a performance-
These safeguards lie, fi rst of all, in the fact that the
based defi nition 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
­ A handbook on environmental public procurement
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.
Buying green!
In principle you are free to defi ne 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 specifi cations used
procurement legislation is not so much concerned
to defi ne the contract must not be defi ned in a
14
with what contracting authorities buy, but mainly
discriminatory way.

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Chapter 3 -- Defi ning the requirements of the contract
3.1.2. Choosing a green title for the contract
Looking for the right product
This makes it easier for tenderers to quickly identify
A community planning to purchase fences
what is wanted and conveys the message that
and street furniture might investigate mater-
the environmental performance of the product or
ials available in the market such as wood from
service will be an important part of the contract.
environmentally sustainably managed forests
or synthetic materials made from recycled raw
material.
A green title from the Brussels Institute
for Management of the Environment
3.1.4. Recommendations regarding work
The Brussels Institute for Management of the
contracts
Environment (1) entitled their call for tender
for cleaning services: `Environmental cleaning
In the works sector, a lot of attention is being
contract'. Other suitable titles might include
paid to what is called `sustainable construction'.
`Organic catering contract' or `Energy-effi cient
Governments, in their role as contracting
building'.
authorities, often join with building companies
(1) http://www.ibgebim.be
and architects to develop environment-friendly
Buying green!
building methods.
Using promotional titles sends out a message not
only to potential suppliers, but also to the local
A French test for more environmental
community and other contracting authorities.
­ A handbook on environmental public procurement
housing
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 diffi cult 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 defi ned 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
15
level of the options available.
the defi nition of the subject matter of the contract

---

Chapter 3 -- Defi ning 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 benefi ts of green supply and
impact of their decision. In the process of defi ning
service contracts come with the end result: the fi nal
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
effi ciency. 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 defi nition of
where waste is disposed. A market analysis may
the subject matter and technical specifi cations 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
Directive 85/337/EEC (OJ L 175, 5.7.1985, p. 40), as amended by
Directive 97/11/EEC (L 73, 14.3.1997, p. 5).
· the amount of materials that can
(2) Directive 2002/91/EC of the European Parliament and of the Council
be recycled.
of 16 December 2002 (OJ L 1, 4.1.2003), to be transposed into national
law by 4 January 2006 at the latest
­ A handbook on environmental public procurement
© Communauté européenne
Buying green!
16

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© Communauté européenne
Buying green!
Another important feature is the durability of the
· They describe the contract to the market so
product; whether it is built to last. In some cases it
that companies can decide whether it is of
seems very attractive to buy the cheapest product,
interest to them. So they determine the level of
but in fact it could prove more expensive in the
competition.
long run and also detrimental to the environment.
Products of inferior quality (regardless of their
· They provide measurable requirements against
­ A handbook on environmental public procurement
environmental characteristics) tend to have a shorter
which tenders can be evaluated. They constitute
lifespan. If a cheaper product has to be replaced more
minimum compliance criteria. If they are not
often than a more expensive product, this will result
clear and correct, they will inevitably lead to
in higher costs, extra energy consumption, and more
unsuitable offers. Offers not complying with the
waste. More generally, and especially with regard to
technical specifi cations have to be rejected.
service contracts, the primary environmental focus
should be on performance, so you can choose a
less environmentally damaging way of performing
3.2.2. Performance-based specifi cations
the contract by taking account of the equipment or
materials used.
The procurement directives (2004/17/EC and 2004/
18/EC) explicitly allow contracting authorities to
choose between specifi cations based on technical
3.2. Drawing up the technical specifi cations
standards or on performance-based requirements (1).
A performance-based approach usually allows more
scope for market creativity and in some cases will
3.2.1. Technical specifi cations
challenge the market into developing innovative
Once you have defi ned the subject of the contract,
technical solutions. If you use this approach, you
you have to translate this into measurable technical
do not need to express the technical specifi cations
specifi cations that can be applied directly in a
in too much detail.
public procurement procedure. This is like turning a
sketch into a picture. Technical specifi cations have
(1) See Article 23 of Directive 2004/18/EC and Article 34 of Directive
17
two functions.
2004/17/EC.

---

Chapter 3 -- Defi ning the requirements of the contract
Specifying the end result, but not how
to achieve it
If you want to keep offi ces in a building at a
certain temperature you could do this by setting
very detailed specifi cations for a central heating
system. Alternatively you could state that the of-
fi ces must have a constant temperature of 20 °C
© Communauté européenne
and leave it to suppliers to come up with differ-
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
specifi cations, you have to be even more careful
solution provided by the European standard.
than when setting conventional technical
Some technical standards include clauses that cover
specifi cations. As the options available on the
the environmental characteristics of products or
market can vary considerably, you should make
services. If these specifi cations are used in public
sure your specifi cations are clear enough to allow
procurement, companies have to provide proof either
you to make a proper and justifi able evaluation.
that they can comply with the standards or, if they
do not follow the same methods, that they meet the
performance levels set by the standards. If they cannot
3.2.3. Environmental technical standards
provide this proof, they will have to be eliminated.
Technical standards can take a number of forms.
On specifi c points, you can defi ne a higher level
These extend from full European standards
of environmental protection than laid down in
(ENs), through European technical approvals and
a standard, provided this does not discriminate
international standards to national standards and
against potential tenderers.
national technical specifi cations. Standards are
useful in public procurement specifi cations 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
­ A handbook on environmental public procurement
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).
Buying green!
(4) Communication adopted on 25 February 2004 (COM(2004)130 fi nal);
(1) More information can be found on the Internet
more information is available on the Europa website
(http://www.cenelec.org).
18
(http://europa.eu.int/comm/environment/standardisation/
(2) More information can be found on the Internet (http://www.etsi.org).
index_en.htm).

---

Chapter 3 -- Defi ning the requirements of the contract
3.2.4. Use of variants
3.3. Eco-labels
It is possible that, even after conducting a
3.3.1. In general
market analysis, you are not sure whether
any green alternatives to the products, services
A wide range of eco-labels have been developed
or works you want to purchase exist, or that
to communicate information on the environmental
you remain unsure about their quality or price.
credentials of a product or service in a standardised
way, with a view to helping consumers or other
If this is the case, it may be interesting to
businesses to select greener products or services.
ask potential bidders to submit green variants.
This means that you establish a minimal set
Eco-label criteria are not based on one single
of technical specifi cations for the product you
parameter, but rather on studies that analyse the
want to purchase, which will apply to both the
environmental impact of a product or service
neutral offer and its green variant. For the latter,
throughout its life cycle, the `cradle to grave'
you will add an environmental dimension. When
approach, based on valid scientifi c information.
the bids are sent in, you can then compare them
This provides useful information on the inherent
all (the neutral ones and the green ones) on the
costs of a product, from extraction of the raw
basis of the same set of award criteria. Hence,
materials in the pre-production stage, through
you can use variants to support the environment
production and distribution, to fi nal disposal.
by allowing a comparison between standard
Buying green!
solutions and environment-friendly options (based
You can use the information from eco-labels in
on the same standard technical requirements).
different ways:
Companies are free to provide offers based on
the variant or the initial tender, unless indicated
· to help you draw up your technical
otherwise by the contracting authority.
specifi cations in order to defi ne the
­ A handbook on environmental public procurement
characteristics of the supplies or services you
To be able to accept variants in a public
are purchasing;
procurement procedure (1), you need to indicate in
advance in the tender documents:
· for checking compliance with these
requirements, by accepting the label as a means
· that variants will be accepted,
of proof of compliance with the technical
specifi cations;
· the minimum environmental specifi cations the
variants have to meet (e.g. better environmental
· as a benchmark against which to assess offers at
performance),
the award stage (see the example below);
· specifi c 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).
However, you can never require tenderers to be
registered under a certain eco-label scheme.
(1) See Article 24 of Directive 2004/18/EC and Article 36 of Directive
19
2004/17/EC.

---

· they are accessible to all interested parties.
Those products and services which bear an eco-
label are presumed to comply with the technical
specifi cations. It is, however, not permitted to set
a requirement for companies to possess a certain
eco-label or to be (fully) compliant with a certain
eco-label. You must always accept other suitable
evidence as well, such as a test report from a
recognised body or a technical dossier from the
manufacturer.
© Frédéric Cirou/PhotoAlto
3.3.3. Eco-label categories
Using EU eco-labels for light bulbs
Public, multi-criteria eco-labels (Type I, ISO 14024)
The EU eco-label criteria for light bulbs require
that they should have an average life-span of
These are the most common types of label and also
10 000 hours. When refl ecting this in a call for
the most commonly used in green procurement. They
tender for light bulbs, 10 000 hours could be set
are based on a number of pass/fail criteria that set
as the technical specifi cation for the minimum
the standard for the label in question. Different sets
life span, and a bonus point could be given in
of criteria are established for each product or service
the award criteria for every 1 000 hours over and
group covered by the scheme. These criteria will
above 10 000.
normally defi ne the environmental performance that
the product must reach and may also set standards
ensuring that the product is fi t for use.
3.3.2 Legal guidance on how to use eco-labels
and their underlying specifi cations in
the procurement procedure
Some interesting European and
The public procurement directives (2004/17/
national eco-labels
EC and 2004/18/EC) (1) explicitly allow you to
The best known multi-criteria eco-labels are the
use the underlying specifi cations of eco-labels
European label (the fl ower) (2), the Scandinavian
when defi ning performance-based or functional
label (the `Nordic swan') (3) and national labels
environmental requirements, provided that:
(like the German `Blue angel') (4). All of these la-
bels are voluntary and life-cycle based, and they
· the
specifi cations are appropriate for defi ning
involve certifi cation of the product by a third
the characteristics of the supplies or services
party (i.e. not by the producers themselves).
covered by the contract;
They meet high standards of transparency and
­ A handbook on environmental public procurement
· the requirements for the label are based on
scientifi c rigour in terms of setting criteria and
scientifi c information;
are non-discriminatory.
· the eco-labels are adopted with the participation
(2) For more information, see the Internet (http://europa.eu.int/
comm/environment/ecolabel/index_en.htm).
of all stakeholders, such as government bodies,
(3) For more information, see the Internet
consumers, manufacturers, distributors and
Buying green!
(http://www.svanen.nu/Eng/default.asp).
environmental organisations;
(4) For more information, see the Internet (http://www.blauer-
engel.de/englisch/navigation/body_blauer_engel.htm).
20
(1) See Article 23 of Directive 2004/18/EC and Article 35 of Directive
2004/17/EC.

---

Chapter 3 -- Defi ning the requirements of the contract
The fi rst type is based on one or more pass/fail
criteria linked to a specifi c issue, e.g. energy
effi ciency. If a product meets those criteria, then
it may display the label. Examples of this type of
label are the EU organic label or the `Energy star'
label for offi ce equipment.

A US success with `Energy star'
In 1993 the US Federal Government decided to
purchase only `Energy star'-compliant IT equip-
© Communauté européenne
ment. The federal government is the world's
largest single computer purchaser, and it is es-
In the case of the EU eco-label, for example,
timated that this decision played a signifi cant
the criteria for all product and service groups
part in the subsequent move to compliance with
can, where appropriate, be cut and pasted
`Energy star' standards for the vast majority of
directly from the EU eco-label website (1) into
IT equipment on the market. The environmen-
the technical specifi cations or the award criteria.
tal benefi ts of the move to `Energy star' by the
Buying green!
federal administration have been calculated at
However, this is not the case with all eco-labels.
200 billion kWh of electricity saved since 1995,
Some labels contain criteria that:
which equates to 22 million tonnes of CO2 (2).
· relate to the general management practice
of the company making the product or
(2) For more information, see the Internet (http://
­ A handbook on environmental public procurement
offering the service;
www.energystar.gov/).
· deal with ethical and other similar issues.
These criteria do not qualify as technical
The second type of label works by grading products
specifi cations as defi ned in the public
or services according to their environmental
procurement directives and so should not be
performance on the issue in question. Examples of
used for contracts falling under these directives.
the second type include the EU energy label, which
Indeed, in order for criteria to be applicable to
grades household goods according to their energy
public procurement they have to relate to the
effi ciency, with A* as the most effi cient and G as
subject matter of the contract.
the least effi cient.
Single-issue labels can be very useful if you
Public, single-issue labels
are following a step-by-step approach to greening
procurement because they allow for gradual
Single-issue labels are labels that relate to one
improvement. Using energy effi ciency standards
particular environmental issue like energy use
would be an excellent fi rst step towards a
or emission levels. There are two different types
wider green purchasing programme. The different
of single-issue labels.
grades allow you to decide easily how far you
want to go.
(1) For more information, see the Internet (http://europa.eu.int/comm/
21
environment/ecolabel/).

---

Chapter 3 -- Defi ning the requirements of the contract

may not conform to the guidelines on appropriate
environmental labels for public procurement as
set out above.
© Communauté européenne
3.4. Purchasing specifi c materials and
taking into account production and
process methods
What a product is made of, and how it is made,
can form a signifi cant part of its environmental
impact. Under Directives 2004/17/EC and 2004/
18/EC, production methods can explicitly be
taken into account when defi ning the technical
specifi cations (5), but this is also possible under the
previous directives.
3.4.1. Purchasing specifi c materials
As a contracting authority, you have the right to
insist that the product you are purchasing be made
from a specifi ed material, provided the Treaty
principles of non-discrimination, and the free
movement of goods and services are respected.
Private labels
You can also indicate the range of materials you
In addition to the major public labels, there are a
would prefer, or alternatively specify that none
number of private labels, run by NGOs, industry
of the materials or chemical substances should
groups, or combinations of stakeholders. These
be detrimental to the environment. A common
include labels on forestry certifi cation schemes (see
approach for the green procurement of cleaning
Chapter 3.4.5), such as the FSC (Forest Stewardship
products, for example, is for the contracting
Council) (1) or PEFC (Pan European Forest
authority to give an indicative list of hazardous
Certifi cation Council) (2) schemes, organic labels
substances harmful to the environment or public
such as the IFOAM scheme (3), or multiple-criteria
health (on the basis of an objective risk assessment)
labels such as the Swedish label `Bra miljoval' (4).
that it does not wish to be present in the product.
Depending on their accessibility and the way
The right to specify materials or the content of
they are adopted these labelling schemes may or
­ A handbook on environmental public procurement
a product also includes the right to demand a
minimum percentage of recycled or reused content
where possible.
(1) For more information, see the Internet (http://www.fsc.org/fsc).
(2) For more information, see the Internet (http://www.pefc.org/internet/
html/).
Buying green!
(3) For more information, see the Internet (http://www.ifoam.org).
22
(4) For more information, see the Internet (http://www.snf.se/bmv/
(5) Annex VI of Directive 2004/18/EC and Annex XXI of
english.cfm).
Directive 2004/17/EC.

---

Chapter 3 -- Defi ning the requirements of the contract

3.4.2. Process and production methods
As we said earlier, both Directives 2004/17/EC
and 2004/18/EC and the previous directives allow
© Communauté européenne
you to include requirements on production methods
in the specifi cations for green procurement.
However, since all technical specifi cations should
bear a link to the subject matter of the contract,
you can only include those requirements which
are related to the manufacturing of the product
and contribute to its characteristics, without
necessarily being visible.
You can for example ask for electricity produced
from renewable energy sources (see Section 3.4.3
for more details), although green electricity is
Green procurement codes in
not physically different from electricity produced
Gothenburg (1) and in London (2)
from conventional energy sources, and makes the
lights work in exactly the same way. However,
Buying green!
Choose products that damage the environment
the nature and value of the end product has been
as little as possible, both when they are manu-
modifi ed by the process and production method
factured and when they are used. The whole
used. For example, electricity produced from
process from production via consumption to
a renewable source will in principle be more
fi nal disposal must be taken into consideration.
expensive, but cleaner, than electricity from
a conventional source.
­ A handbook on environmental public procurement
· Choose products that are not harmful to the
consumers or users (taking into account the
In conclusion, you can include all requirements
working environment of the employees).
which are linked to the subject of the contract.
To the contrary, you may not impose
· Choose products that are biologically degra-
environmental requirements on issues which
dable or can be reused.
are unrelated to the product in question.
· Choose products that do not consume energy
and natural resources unnecessarily, either
when they are manufactured or when they
A clear example of an unacceptable require-
are used.
ment might be, when purchasing furniture, to
The Mayor of London has launched a green pro-
insist that the furniture manufacturers use recy-
curement code where both corporate and public
cled paper in their offi ces.
purchasers have signed up to purchase goods
containing recycled materials where possible.
(1) For more information, see the Internet
(http://www3.iclei.org/egpis/egpc-056.html).
(2) For more information, see the Internet
(http://www.lecf.org.uk/procurement/index.htm).
23

---

© Communauté européenne
© Communauté européenne

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, Sheffi eld Hallam Uni-
provides a defi nition of renewable energy sources
versity in the United Kingdom decided to cover
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 effi ciency measures will bring
sources, the method of proof is crucial in ensuring
this fi gure 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-
­ A handbook on environmental public procurement
provement, the negotiated contract offers a cost
saving of EUR 620 000 over previous contracts.
(1) See defi nitions in Article 2 of Directive 2001/77/EC, under (a):
`Renewable energy sources shall mean renewable non-fossil energy
sources (wind, solar, geothermal, wave, tidal, hydro-power, biomass,
Buying green!
landfi ll gas, sewage treatment plant gas and biogases)' and under
(2) For more information, see the Internet
(c) `Electricity produced from renewable energy sources shall mean
(http://www3.iclei.org/egpis/egpc-059.html).
electricity produced by plants using only renewable energy sources as
24
well as the proportion of electricity produced from renewable energy
sources in hybrid plants also using conventional energy sources ...'.

---

Organic food in school canteens in
Italy and hospital canteens in Vienna
There are over 300 examples of organic school
meals services in Italy -- some of them use only
organic fruit and vegetables, whereas others
offer whole meals based on 80 %, 90 % or even
100 % organic ingredients. The City of Ferrara in
northern Italy took a structured approach to go-
ing organic. It started in 1994 by commissioning
a feasibility study and then established a list of
© Photo Disc
foods that could be used without signifi cantly in-
creasing costs. In 2003, 50 % of the food offered
in public canteens was organic, rising to 80 %
3.4.4. Food from organic agriculture
for nurseries (2).
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-
Buying green!
For a food product to be marketed as organic in
lems. These now include cereals, dairy prod-
the EU it must fulfi l certain requirements and be
ucts, fruit and vegetables (according to season)
certifi ed by an approved inspection body. These
and meat. Organic food is offered in hospitals,
requirements are laid down by Council Regulation
old peoples' homes, schools and kindergartens.
(EEC) No 2092/91 on organic production of
The share of organic food differs depending on
agricultural products (1).
the kind of institution: e.g. 30 % in kindergartens
­ A handbook on environmental public procurement
with the plan to increase this percentage to
As a contracting authority, you can make the
50 % within the next two years (3).
requirements of your technical specifi cations
even stricter than those in Council Regulation
(2) For more information, see the Internet
(EEC) No 2092/91. You can require that a service
(http://www.comune.fe.it).
contract for a canteen provides a certain percentage
(3) For more information, see the Internet
of organic food or that certain foodstuffs are
(http://www.wien.gv.at/ma22/oekokauf/).
organically produced.
Finally, it is obviously possible for public
authorities to reduce environmental impact through
seasonal purchasing, i.e. by providing in their
3.4.5. The case of sustainable and legally
canteens only those varieties of fruit and vegetables
logged timber
that are in season in the area at the time.
Timber (4), and particularly timber from rainforests
and other old-growth forests, has received
considerable public concern and media attention
lately.
(1) Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic
production of agricultural products and indications referring thereto on
(4) Timber includes for example round wood, sawn wood, wooden
25
agricultural products and foodstuffs (OJ L 198, 22.7.1991).
construction elements and wooden furniture.

---

© Communauté européenne

`Sustainable' and `legal' timber are complex
concepts and diffi cult to defi ne. It is broadly
agreed that sustainable forest management implies
management with a view to, amongst others,
sustaining biodiversity, productivity and vitality
Some useful technical specifi cations
and also taking into account social aspects such
for timber purchase
as worker welfare or the interests of indigenous or
forest-dependent people. The notions `sustainable'
For example, the following criteria can be used
and `legal' thus refer to social and environmental,
in the technical specifi cations of a contract that
as well as economic conditions.
is sustainable in environmental terms:
The majority of EU timber trading is with countries
· the assurance that the rate of harvesting of
with effective enforcement of forest legislation;
timber does not exceed levels that can be
however, illegal logging is a serious problem in
permanently sustained;
some countries and regions from which the EU
imports forest products. This has led to efforts by
· use of environment-friendly non-chemical
States and international organisations to tackle
methods of pest control, and the avoidance of
the problem of unsustainable and illegal logging
use of chemical pesticides.
through a number of actions, including through
public procurement. Indeed, as public authorities
are important consumers of timber-based products,
notably as construction products and for furniture,
As with all technical specifi cations, you can only
they could have a signifi cant impact in reducing
include those specifi cations which are related to
the demand for illegally logged timber.
the subject matter of the contract. So you cannot
include specifi cations of a scheme on, for example,
When drawing up the technical specifi cations,
the protection of forest-dependent people.
you can specify environmental requirements for
the timber to be purchased. Various governments,
However, you can, as a purchasing authority,
trade-sponsored bodies and organisations have set
indicate in the contract notice or tender documents
up detailed standards and certifi cation schemes,
that a forest certifi cation scheme will be accepted
with technical specifi cations designed to promote
as a possible means of proof of fulfi lment of
sustainable forest management.
these requirements. You must, of course, accept
equivalent means of proof too.
These forest certifi cation schemes, such as the FSC
(Forestry Stewardship Council) or PEFC (Programme
Since such forest certifi cation schemes often also
for the endorsement of forest certifi cation schemes),
include other requirements concerning the legality
include criteria regarding aspects of environmental
of the harvesting of the timber not linked to the
sustainability of the harvesting of the wood. These
tender in question the promotion of such schemes
criteria can be used in technical specifi cations to
­ A handbook on environmental public procurement
will indirectly also increase the chances of the
defi ne exactly what sustainable timber means from
wood being harvested from legal sources.
an environmental point of view, without, however,
the requirement to comply with any particular
forest certifi cation scheme.
Buying green!
26

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Chapter 4
Selecting suppliers, service providers or
contractors
Summary
4.1. Introduction
· It is possible to exclude companies that have
acted against environmental legislation or
Selection criteria focus on a company's ability to
regulations if this is affecting their professional
perform the contract they are tendering for. In
conduct.
this chapter we will show how to use the scope
available under the public procurement directives to
· In the technical capacity criteria, the past
apply environment-friendly criteria at the selection
experience of a company and the professional
stage. We shall look in turn at the different
qualifi cations of its personnel offer good
categories of selection criteria, i.e. exclusion
opportunities for including green considerations.
criteria, fi nancial capacity criteria and technical
capacity criteria. Special attention is paid to how
· In order to check whether tenderers can
tenderers can use the European management and
perform the environmental management
audit scheme (EMAS).
measures prescribed by the contract, contracting
authorities may ask them to demonstrate their
technical capacity to do so.
4.2. Exclusion criteria
· Environmental management systems, such as
The exclusion criteria deal with circumstances in
EMAS, can serve as a (non-exclusive) means of
which a company can fi nd itself that normally
proof for that technical capacity.
cause contracting authorities not to do any business
Buying green!
with it (1).
· Setting requirements to comply with any
particular environmental management system is
The cases where a contracting authority can
not allowed.
exclude a tenderer are listed in full in the public
procurement directives. In some particularly serious
­ A handbook on environmental public procurement
criminal cases, it may even be mandatory to
exclude tenderers (2).
Concerning the professional conduct of a company,
two provisions in the exclusion criteria can be
used to take into account companies' behaviour to
the detriment of the environment, i.e. where the
economic operator has been convicted by a fi nal
judgment affecting his professional conduct or has
been guilty of grave professional misconduct (3).
Therefore, according to the procurement Directives
2004/17/EC and 2004/18/EC, it is considered that,
(1) For example, if the company:
-- is bankrupt or has been wound up,
-- has committed serious professional misconduct,

-- has not paid taxes or social security contributions.
(2) See Article 54 of Directive 2004/17/EC and Article 45 of Directive
2004/18/EC.
(3) Article 45 of Directive 2004/18/EC and Articles 53 and 54 of Directive
27
© Communauté européenne
2004/17/EC.

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© Communauté européenne
if national law contains provisions to this effect,
4.3. Technical capacity
a case of non-compliance with environmental
legislation, which has been the subject of a fi nal
4.3.1. Environmental technical capacity
judgment or a decision having equivalent effect,
criteria in general
may be considered an offence concerning the
professional conduct of the economic operator
The procurement directives contain an exhaustive
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).
Contracts where environmental technical
competence could be particularly relevant include
waste management contracts, construction, building
maintenance or renovation contracts, and transport
Exclusion from tenders for repeated
services.
breach of environmental law
Environmental technical competence could include
For example, on the basis of the public procure-
technical competence in minimising waste creation,
ment Directives 2004/17/EC and 2004/18/EC, a
avoiding spillage of polluting products, reducing
waste disposal company that has repeatedly
fuel costs, and minimising disruption of natural
breached environmental provisions under ad-
habitats. In practical terms, it concerns questions
ministrative law, resulting in several administra-
such as the three listed below.
tive fi nes, can be excluded on grounds of grave
· Does the tendering company employ or
professional misconduct.
­ A handbook on environmental public procurement
have access to technicians with the required
knowledge and experience to deal with the
environmental issues of the contract?
· Does the tendering company own or have
access to the necessary technical equipment for
Buying green!
environmental protection?
28
(1) Article 48 of Directive 2004/18/EC and Articles 53 and 54 of Directive
2004/17/EC

---

© Communauté européenne
· 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?
qualifi cation. 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.
Buying green!
criteria is the records of contracts carried out.
When the contract tendered is a green one, you
can use this criterion to ask for past experience
of companies in such contracts. In doing so you
should ensure setting out clearly what type of
Ensuring the professional competence
­ A handbook on environmental public procurement
information is considered relevant and what means
of asbestos removers
of proof will have to be provided.
Asbestos insulation can still be found in many
buildings across Europe. When maintenance
work is carried out on these buildings, it is
Ensuring the environmental-
important that qualifi ed contractors remove
the asbestos safely. In order to provide proof
friendliness of the builders
of competence, some Member States maintain
licensing schemes for contractors that spe-
For example, if a contracting authority wants
cialise in such work. Requiring in the selection
to ensure that a new public building is built to a
criteria that contractors have the appropriate
high standard in terms of its environmental per-
experience for such work as evidenced by the
formance, it makes sense to ask the tendering
licence issued by the appropriate authority
architects to provide proof of previous experi-
or by an equivalent form of proof of technical
ence in designing buildings to a high environ-
competence is important to minimise the health,
mental quality.
safety and environmental risks associated with
such work.
Equally if a municipal facility needs to be built
in an environmentally sensitive area, the con-
tracting authority could ask for proof that the
tenderer has previous experience of managing
construction projects in such conditions.
29

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Chapter 4 -- Selecting suppliers, service providers or contractors
4.3.2. Environmental management
schemes
Any organisation (government or company)
wishing to improve its overall environmental
performance can decide to run an environmental
management scheme.
There are two main environmental management
schemes in use in the EU. These are the `Eco-
management and audit scheme' (EMAS) (1),
and the European/international standard on
environmental management systems (EN/
ISO 14001) (2). The EMAS scheme is open to
organisations with a site in the EU or in the
European Economic Area, whereas the ISO
scheme is open to organisations across the globe.
© Communauté européenne
There are around 13 500 ISO 14001-certifi ed
and around 4 000 EMAS-registered sites and
organisations in Europe.

Environmental management schemes are
organisation-related tools, aimed at
improving overall environmental performance
4.3.3. The use of environmental management
of the committing organisation. They allow
schemes in public procurement
organisations to have a clear picture of their
environmental impacts, help them to target
The public procurement directives (2004/17/EC
those that are signifi cant and manage them
and 2004/18/EC) allow contracting authorities,
well, in a sense of continuously improving
in `appropriate cases', to ask from bidders to
their environmental performance. Relevant
demonstrate their technical capacity to meet
areas for improvement may be the use of natural
requirements set by the contract to put into place
resources, such as water and energy; training
certain environmental management measures for
and information of employees; the use of
public works and services contracts (3).
environment-friendly production methods;
the green purchasing of offi ce materials; the
Under `appropriate cases' one should consider
manufacturing of green products, etc.
contracts, the execution of which could endanger
the environment and therefore call for measures
to protect the environment during their execution.
Naturally, those measures are directly linked to the
­ A handbook on environmental public procurement
performance of the contract.
(3) According to Article 48(2)(f) of Directive 2004/18/EC of the European
Parliament and of the Council on the coordination of procedures
(1) Regulation (EC) No 761/2001 of the European Parliament and
for the award of public works contracts, public supply contracts
of the Council of 19 March 2001 allowing voluntary participation
Buying green!
and public services contracts `for public works contracts and public
by organisations in a Community eco-management and audit
services contracts, and only in appropriate cases, an indication of the
scheme (EMAS).
environmental management measures that the economic operator will
30
(2) European/International Standard EN/ISO 14001:1996 on environmental
be able to apply when performing the contract', may be used by the
management systems.
contracting authority as a selection criterion.

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Chapter 4 -- Selecting suppliers, service providers or contractors
It is not permissible to ask for compliance with
selection criteria that are unrelated to the contract
to be performed. Therefore, the management
measures do not need to be established at the
moment of bidding for the contract, nor do they
need to be continued after the duration of the
contract, as this is not considered relevant for
the contract.
Directives 2004/17/EC and 2004/18/EC
explicitly recognise that EMAS certifi cates
can serve (if relevant) as a possible means
of proof for companies to demonstrate their
technical capacity to perform these environmental
management measures. Of course, contracting
authorities should also recognise equivalent

certifi cates issued by bodies conforming to
Community law or the relevant European or
international standards concerning certifi cation
and based on relevant European and international
Buying green!
environmental management standards. They
© Communauté européenne
should also accept all other means of evidence
provided by the company that can prove this
Building a bridge in a protected area
technical capacity.
An example of such specifi c environmental
This means that contracting authorities can
­ A handbook on environmental public procurement
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.
cifi c management measures aimed at ensuring
effective protection of fauna and fl ora 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.
31

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Chapter 5
Awarding the contract
© Communauté européenne
Summary
· It is possible to apply environmental award
criteria, provided those criteria:

-- are linked to the subject-matter of the
contract,
-- do not confer unrestricted freedom of choice
on the contracting authority,
-- are expressly mentioned in the contract
notice and tender documents,
-- comply with the fundamental principles of
EU law.
· Adopting a `life-cycle costing' approach
reveals the true costs of a contract. The use
of this approach in preparation of the award
criteria will improve both the environmental
performance and the fi nancial position.
When you evaluate the quality of tenders, you use
· Total cost of ownership and minimised life-
predetermined award criteria, published in advance,
cycle cost (LCC) criteria are widely used in
to decide which tender is the best. Under the public
many private and public procurement bodies.
procurement directives, you have two options: you
As a consequence of this, LCC analysis and
can either compare offers on the basis of lowest
guidelines are available that can facilitate the
price alone, or you may choose to award the
task of developing specifi cations for defi ning
contract to the `economically most advantageous'
requirements in the tendering and contracting
tender, which implies that other award criteria will
process (1).
be taken into account, including the price.
Since the criterion of the `economically most
5.1.
General rules for awarding a contract
advantageous tender' always consists of two or
more sub-criteria, these can include environmental
5.1.1. Award criteria
criteria. Indeed, the non-exclusive list of examples
in the directives to allow contracting authorities
Awarding the contract is the last stage in the
to determine the most economically advantageous
procurement procedure. At that stage, the
tender include: quality, price, technical merit,
­ A handbook on environmental public procurement
contracting authority evaluates the quality of the
aesthetic and functional characteristics,
tenders (the offers) and compares prices.
environmental characteristics, running costs,
cost-effectiveness, after-sales service and technical
assistance, delivery date and delivery period, and
(1) A distinction is sometimes made between `whole-life costs' (or `total
period of completion.
cost of ownership') and `life-cycle cost', the latter often being a
Buying green!
somewhat more narrow concept that does not always include such
costs as end-of-life and waste-removal costs. It would be up to the
As the best offer will be determined on the basis
contracting authorities to apply the concept that is most appropriate
of several different sub-criteria, you can use
32
on a case-by-case basis (on the basis of available information for
several techniques for comparing and weighing up
instance).

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Chapter 5 -- Awarding the contract
© Communauté européenne

Buying green!
the different sub-criteria. These techniques include
This means in practice that it is not necessary for
matrix comparisons, relative weightings and
each individual award criterion to give an economic
bonus/malus systems. It is the responsibility of
advantage to the contracting authority, but that
contracting authorities to specify and publish the
taken together (i.e. economic and environmental)
­ A handbook on environmental public procurement
criteria for awarding the contract and the relative
the award criteria must allow for determining the
weighting given to each of those criteria
best value for money.
in suffi cient time for tenderers to be aware of
them when preparing their tenders.
5.1.2. Linking award criteria with technical
The different criteria that will determine the most
specifi cations
economically advantageous tender will need to be
There may be a link between the requirements
formulated in such a way that:
in the technical specifi cations and the award
criteria. The technical specifi cations defi ne the
· they relate to the subject matter of the contract
required level of performance to be met. But, as
to be purchased (as described in the technical
a contracting authority, you can decide that any
specifi cations);
product/service/work performing better than the
minimum level can be granted extra points, which
· they allow the tenders to be assessed on the
can be distributed at the award stage. Therefore,
basis of their economic and qualitative criteria
it should be possible to translate all technical
as a whole in order to determine the tender that
specifi cations into award criteria.
offers the best value for money (1).
(1) See recital 46 of Directive 2004/18/EC and recital 55 of Directive
33
2004/18/EC.

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Chapter 5 -- Awarding the contract
© Communauté européenne
Rewarding for energy effi ciency in
equipment cleaning
A contracting authority has prescribed in the

technical specifi cations 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
specifi cally refer to this ruling in their fi rst 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
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 defi ned
basic rule on environmental award criteria was laid
in the subject of the contract.
down in Case C-513/99 (Concordia Bus) (1).
The presence of a link in
(1) Judgment of the Court of Justice in Case C-513/99.
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 fl eet and operational quality.
the subject matter of the contract.
Under one award criterion, companies could
score extra points if they could comply with cer-
tain emission and noise levels. On the basis of
In a further judgment the `Wienstrom case' (2), the
­ A handbook on environmental public procurement
these extra points, the contract was awarded to
Court of Justice provided some further information
HKL, which is the municipal transport company.
on how the link with the subject of the contract
should be interpreted.
Concordia Bus, a competitor who did not get the
contract, opposed this decision, arguing that the
emission and noise levels could not be used as
(2) Judgment of the Court of Justice in Case C-448/01.
Buying green!
award criteria as they did not bring any econom-
ic advantage to the contracting authority.
34

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Chapter 5 -- Awarding the contract
The Court of Justice provided further clarifi cation
in the Wienstrom case.
The absence of a link in
the Wienstrom case
In this case, the Court of Justice ruled that in a
The clarity and objectivity of the award
tender for the supply of energy a criterion relat-
criteria in the Wienstrom case
ing solely to the amount of electricity produced
from renewable sources in excess of the ex-
In the Wienstrom case, the Court of Justice
pected consumption of the contracting authority
found that, in order to give tenderers equal
(which was the subject of the contract) could
opportunities in formulating the terms of their
not be considered as being linked to the subject
tenders, the contracting authority has to for-
matter of the contract (1).
mulate its award criteria in such a way that `all
reasonably well-informed tenderers of normal
(1) It should be noted, however, that the Court has at the same
diligence interpret them in the same way' (3).
time recognised the possibility of an award criterion related
Another element of the necessary clarity and
to the amount of electricity stemming from renewable energy
measurability of the award criteria as formu-
sources (as part of the electricity effectively supplied to
lated by the Court of Justice was that the con-
the contracting authority). Further, it has also stated that
a weighing of 45 % attributed to this criterion would not
tracting authority should only set criteria against
prevent the contracting authority from making the necessary
which the information provided by the tenderers
synthetic evaluation of the award criteria in order to identify the
can actually be verifi ed.
economically most advantageous offer.
Buying green!
2. Award criteria must be specifi c and objectively
(3) In this case, the contracting authority did not determine the
quantifi able
specifi c supply period during which the tenderers should
state the amount that could be supplied by them.
The Court of Justice ruled that, based on its previous
­ A handbook on environmental public procurement
judgments, award criteria must never confer
unrestricted freedom of choice on contracting
3. Award criteria must have been advertised previously
authorities. They must restrict this freedom of choice
by setting specifi c, product-related and measurable
According to all the procurement directives, contract
criteria, or, as the Court of Justice put it, `adequately
notices will have to mention whether the contracting
specifi c and objectively quantifi able' criteria.
authority will award the contract on the basis of
`lowest price' or `economically most advantageous
tender'. In the latter case, the criteria used to identify
The specifi city and measurability of the
the economically most advantageous tender shall be
mentioned in the notice or, at least in any case, in
award criteria in the Concordia Bus case
the tender documents.
In the Concordia Bus case, before evaluation of
the tenders, the Community of Helsinki had speci-
fi ed and published a system for awarding extra
4. Award criteria must respect Community law
points for certain levels of noise and emission (2).
This system was considered by the Court of Jus-
This last condition deriving from the EC Treaty and
tice to be adequately specifi c and measurable.
the mentioned procurement directives is that award
criteria must comply with all the fundamental
principles of Community law. The Court of Justice
(2) In this case, extra points were awarded among other things, for
`the use of buses with nitrogen oxide emissions below
has explicitly mentioned the importance of the
4 g/kWh (+ 2.5 points/bus) or below 2 g/kWh (+ 3.5 points/bus)
principle of non-discrimination, which is the basis
and with external noise levels below 77 dB (+1 point/bus)'.
of other principles, such as the freedom to provide
35
services and the freedom of establishment.

---

The distinction between specifi city
and discrimination in the Concordia
Bus case
The issue of discrimination was expressly raised
in the Concordia Bus case. One of the objections
of Concordia Bus was that the criteria set by the
© Communauté européenne
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 satisfi ed 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)
(1) One of these facts in this case was that the complainant,
Concordia Bus, was awarded a different lot in which the
(2) More information is available on the CIPS homepage
same requirement of gas-powered vehicles was applied.
(http://www.cips.org/).
5.2.2. Using life-cycle costing
The UK Chartered Institute of Purchasing and
Supply suggests that whole life costing should
At the award stage of a procurement procedure,
cover:
the price of a tender is always one of the most
infl uential factors. But how do you defi ne the
· purchase and all associated costs (delivery,
price?
installation, commissioning, etc.),
When you buy a product, service or work, you
· operating costs, including energy, spares, and
always pay a price. But the purchase price is just
maintenance,
one of the cost elements in the whole process of
procuring, owning and disposing. To assess the
· end-of-life costs, such as decommissioning
whole cost of a contract, you need to look at all
and removal.
the different stages. This is known as the `life-
­ A handbook on environmental public procurement
cycle costing' approach. It involves including
in the purchasing decision all the costs that will
be incurred during the lifetime of the product or
These costs should be factored in the award stage
service.
to ensure that they are taken into account when
determining the most economically advantageous
Buying green!
A life-cycle costing assessment does not need to
tender. This will help you get a product with a
be diffi cult or time consuming. Although there are
better environmental performance, as the process
many special techniques for making elaborate life-
will reveal costs of resource use and disposal that
36
cycle costing calculations on the private market,
may not otherwise have received proper attention.

---

© Communauté européenne
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.
Buying green!
approach can be put into practice in a number of
ways. The following list gives some examples.
Planning the disposal phase
A. Savings on use of water and energy
intelligently: the example of the
­ A handbook on environmental public procurement
building sector
The easiest step towards cost-effective and
environment-friendly procurement is in the saving
One of the areas where a lot of waste is produced
of water, electricity and fossil fuels. The advantage
is the building sector. The demolition of old build-
is that these savings clearly benefi t both the
ings means not only removing a large quantity of
fi nancial situation of the contracting authority
debris, but also managing hazardous materials,
and the environment. Being easy to calculate
like asbestos. So in your call for tenders you
and having a clear economical aspect, the costs
could ask builders how much hazardous waste
of water and energy can easily be used as award
they expect to produce during demolition and
criteria in public procurement procedures. From an
the cost of removing it. In some cases, e.g. road
environmental point of view, the importance of use
building, it should also be possible to calculate
of water and energy is also undisputed, particularly
the profi ts to be made from using recycled waste
for example the effect of fuel use on CO2 emissions,
materials, such as used asphalt.
or waste production.
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
37
take effect. Not taking these costs into account
reduction into an economic one.

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Chapter 6
Contract performance clauses
Summary
aware of all the obligations laid down in the
contract and be able to refl ect this in the price
· Contract clauses can be used to include
of their bids.
environmental considerations at the
performance stage.
· Contract clauses should be linked to
performance of the contract.
· The contracting authority can specify the way
the goods are to be supplied and even the
· Contract clauses may not result in
method of transport.
discrimination in favour of contractors from any
particular Member State.
· The contractor is obliged to respect all the
performance clauses in the contract.
· A contractor is obliged to respect all the
performance clauses set out in the contract
Contract performance clauses are used to specify
documents, when carrying out the work
how a contract must be carried out. It is recognised
requested or supplying the products covered by
that environmental considerations can be included
the call for tender.
in contract performance clauses, provided they
are published in the contract notice or the
specifi cations and comply with Community law (1).
UK Defra example -- In my building,
you follow my environmental policy!
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 specifi cations,
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
specifi cations, 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
­ A handbook on environmental public procurement
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
Buying green!
the call for tenders. Indeed, tenderers should be
concentrated form and then dilution on site,
-- use of reusable containers to transport
38
(1) Article 26 of Directive 2004/18/EC and Article 38 of Directive 2004/17/EC.
products to the site;

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Chapter 6 -- Contract performance clauses
· how the service is performed:
of centralising packaging prior to reuse or
recycling and encouraging the supplier to cut

use of dosage indicators to ensure that
down on any unnecessary packaging).
appropriate quantities of cleaning product
are used;
6.4. The impact of transport
· disposal of used products or packaging from
products:
You can use contract clauses in some cases

products or packaging taken away for reuse,
to specify the method of transport that should
recycling or appropriate disposal by the
be used to deliver the goods, but make sure that
contractor;
this is not discriminatory.
· training of contractor staff:
For a major works contract it could be appropriate
to require that goods be shipped to a dedicated

staff trained in the environmental impact of
rail or inland waterway facility. The mere fact
their work and the environmental policy of
that one tenderer may have better access to the
the authority in whose buildings they will be
rail or inland waterway network than another
working.
would not automatically render such a contract
performance clause discriminatory. This would
only be the case if, for example, only one tenderer
Buying green!
6.3. Contract performance clauses for the
would actually be able to use the rail or inland
waterway network. The clause would then be
supply of goods
discriminatory and, in fact, would constitute
a disguised exclusion criterion, since it would
Since the performance of a supply contract
automatically exclude from participation all
consists merely in the delivery of goods, the
tenderers who do not have access to the specifi ed
­ A handbook on environmental public procurement
main opportunity for the use of environmental
mode of transport. The same would be true for
contract clauses is to specify how the goods
a contract clause penalising contractors solely
will be delivered. Simple ways to improve the
on the basis of the distance they travel to deliver
environmental impact of the contract include:
the goods.
· having the product delivered in the
appropriate quantity (in general terms
this means a bulk delivery, as this will be
© Communauté européenne
more environmentally effi cient in terms of
transport impact per item than having smaller
quantities delivered more often; specifying
a maximum number of deliveries per week
or month can also be another way of achieving

the same result);
· requiring that goods be delivered outside peak
traffi c times to minimise the contribution of
deliveries to traffi c congestion;
· requiring that the supplier takes back (and
recycles or reuses) any packaging that comes
with the product (this has the double advantage
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Buying green! ­ A handbook on environmental public procurement
­ A handbook on environmental public procurement
Buying green!
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