Can Data Monitoring Help the Uptake of Sustainable Public Procurement in the EU Member States? – Policy Brief

Apr 18, 2024 | News, Policy Briefs

1. Continuing the SAPIENS Network Policy Briefs Series

Policy briefs are concise documents that distill key research findings into actionable recommendations, providing early stage researchers with a platform to influence decision-making processes. These briefs serve as vital tools for translating research into policy, offering evidence-based solutions to pressing societal challenges. By disseminating these succinct analyses, the SAPIENS Network aims to bridge the gap between research and policy, catalyzing positive change and promoting evidence-informed decision-making. This series highlights our commitment to facilitating dialogue, driving impactful policy agendas, and empowering early stage researchers to address complex issues effectively.

2. Policy Brief on Sustainable Public Procurement Data Monitoring

ESR 4, Nadia-Ariadna Sava, works on the relation between digital and sustainable public procurement. In this policy brief, she focuses on the role of monitoring sustainable public procurement using data.

Data can refer to any information related to the procurement process, such as the entity that bought a product, the product that was purchased etc. Data monitoring is already used in several Member States, at different degrees. It could further be embraced by other public buyers as it can bring a lot of benefits for the management of the public procurement process. It can offer up-to-date information related to spending and savings, type of procurement, responsible person, duration of the procedure etc.

Data monitoring can also be successfully used to track sustainable public procurement. Contracting authorities could use data to track their green and social performance in public procurement. They could adapt their practices accordingly and work towards the uptake of sustainability in public procurement. In brief, contracting authorities could take better and more informed decisions related to sustainable public procurement.

Currently, contracting authorities collect data related to the public procurement process following the rules set out in the eForms Regulation. However, the eForms Regulation does not make sustainable public procurement data collection mandatory. The current EU eForms might be the proper legal tool to address this issue, yet currently they do not make sustainable public procurement data collection mandatory.

For more on this topic, see Nadia-Ariadna Sava’s article on The eForms Regulation and Sustainable Public Procurement Data Collection.

3. Abstract

Currently, there is a shortage of data concerning sustainable public procurement in the EU. Data can refer to any information related to the procurement process, such as the entity that bought a product, the product that was purchased etc. With data, governments could monitor green and social practices and take better decisions that would lead to more sustainable public procurement. The current EU eForms might be the proper legal tool to address this issue, yet currently they do not make sustainable public procurement data collection mandatory. Therefore, coherent action is needed both from the EU and from Member States.

How does this research contribute?
– It describes the benefits of using data to monitor sustainable public procurement. This could contribute to an uptake of sustainable public procurement in Member States, contracting authorities could take better and more informed decisions.
– It presents the main pitfalls of the proposal (see point 6 of the Policy Brief).

Policy problem:
In the EU, there is a shortage of sustainable public procurement data:
– There is no EU legal obligation to monitor sustainable public procurement. The current eForms do not make sustainable public procurement data collection mandatory.
– Existing data is flawed. Tenders Electronic Daily (TED) is the main EU public procurement data source. TED has multiple data quality issues that limit its usability.

Policy recommendation

The European Commission should create a mandatory standard for sustainable public procurement data. Each Member States should build a public procurement data infrastructure that integrates sustainable public procurement, using the EU standard.

Written by Nadia Sava

Nadia Sava conducts her research on possible uses of emergent technologies (particularly artificial intelligence and smart contracts) in making public procurement more sustainable at Babes-Bolyai University. She holds a Bachelor in Law and a Bachelor in Philosophy from Babeș-Bolyai University in Romania. She specialized in business law and corporate social responsibility in international, European, and national systems at Paris II Panthéon-Assas University and Paris Dauphine-PSL University. Nadia believes the best legal research is based on comparative law and employs an interdisciplinary method. Her research interests include sustainable public procurement, environmental law, and legal theory.

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