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After parts I , II and III we finally reach part IV on the purchase or leasing of vehicles (contract type - 5) For these, the Annex establishes four different awardcriteria and two contract performance clauses/technical specifications, with issues to be found on both, mostly due to the non-technology neutral approach to the drafting.
Yesterday I looked into the main text of the draft Council of Ministers Resolution introducing mandatory greenpublicprocurement in Portugal. Throughout the Annex we can see these popping up time and time again, both as awardcriteria and contract performance clauses/technical specifications.
The Portuguese government is planning to introduce mandatory greenpublicprocurementcriteria in the near future. This means the public sector in Portugal will have less than 3 months to adapt to a fairly significant change in the way it carries out publicprocurement.
It should be self-evident that any increase in compliance costs will disadvantage smaller suppliers over larger ones who are better prepared to absorb those costs and requirements.
Approach : Lithuania launched an ambitious publicprocurement reform in 2021 to reduce the country’s carbon footprint and ensure every publicprocurement decision considers its environmental impact. The reformers share their top tips on implementing greenprocurement here.
Dagne Sabockis, ‘ The Principle of Competition in the Context of GreenPublicProcurement – the Case of GreenAwardCriteria ’ (2023) 18(4) EPPPL 237-243 (£/€). Trygve Harlem Losnedahl, ‘The General Principle of Competition is Dead’ (2023) 2 PPLR 85-98 (£/€).
Why we prioritized furniture procurement We wanted to test our approach on one product category that governments buy regularly and that, in the EU, have clearly defined green requirements designed to reduce the environmental impact of a purchase. At present, the low adoption of greencriteria is the main barrier.
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