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Yesterday I looked into the main text of the draft Council of Ministers Resolution introducing mandatory green publicprocurement in Portugal. It is very detailed and prescriptive to and will definitely curtail the discretion of contracting authorities to organise their procurement procedures and contractual arrangements.
Furthermore, if the definition of growth season is geographically limited to Portugal then once more we're back to measures with equivalent effect to a quantitative restriction, since grow seasons vary throughout the EU, GPA parties and countries with a FTA with the EU. This will have a detrimental effect on innovation in food production.
Can public authorities procure fair trade products, or are they debarred from specifically referring to the fair trade qualities of those products under the publicprocurement directive (directive 2004/18/EC)? This is one of the issues underlying the judgment of the Court in Case C-368/10 Commission v. Netherlands.
I continue exploring the use of publicprocurement as a tool of digital regulation (or ‘AI regulation by contract’ as shorthand)—ie as a mechanism to promote transparency, explainability, cyber security, ethical and legal compliance leading to trustworthiness, etc in the adoption of digital technologies by the public sector.
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