ESR 15 secondment with ISLE Association

From the end of September to the end of December 2023, I, Chiara Falvo, ESR15 at the SAPIENS Network and Ph.D student in Law at the University of Turin, had the opportunity to do a three-month research visit to the School of Agriculture (ISA) of the University of Lisbon (Instituto Superior de Agronomia – ISA). The secondment took place under the guidance of Prof. Dr. Cristina Cunha Queda, who is member of the SAPIENS Network’s partner organisation ISLE Association. 

Sustainability in Portuguese Public Food Procurement

During my research stay at ISA, I studied the inclusion of sustainability aspects within Portuguese public food procurement (PFP) legislation and policy, also benefiting from the interdisciplinary perspective fostered by my secondment to this institution.

Notably, recent legal and regulatory reforms have encouraged national contracting authorities to pursue sustainability in their procurement of food and catering services. These reforms have, however, led to a dispersed framework across various legal instruments, which addresses a wide range of environmental, social and economic sustainability concerns. This, in turn, contributes to the growing complexity of sustainability practices in public food procurement.

My analysis encompassed both general and sectoral provisions contained in the Public Contracts Code (Decree-Law nº 18/2008, in particular as amended by Law n° 30/2021 and Decree-Law n° 78/2022), the Climate Law (Law n° 98/2021), the Statute of Family Farming (Decree-Law N.° 64/2018), Law n° 34/2019 on public food procurement and Resolution 132/2023 on GPP criteria. The latter was adopted under the National Strategy for Green Public Procurement (GPP) for 2030 (ECO2030) and will take effect from the second quarter of 2024.

Family Farming (FF), identified as a theme peculiar to the Portuguese experience, has been a central focus of my investigation, exploring the extent to which such practices are encouraged in the context of public food procurement.

Visit to the Municipality of Torres Vedras

A highlight of my research experience in Lisbon was the invitation to an open-day visit to the Municipality of Torres Vedras, in collaboration with the TerrAlimenta Project – Transition to a Territorialised Food System, focusing on food procurement strategies. This event, held on November 21, offered a first-hand opportunity to witness the practical implementation of the Municipal School Food Sustainability Programme – Programa de Sustentabilidade na Alimentaçao Escolar (PSAE) and engage with diverse stakeholders.

In discussing how to facilitate sourcing from local producers, the municipal officials emphasised the importance of the procurement preparatory phase, to engage with producers for effective planning of production and determination of suitable prices. They also highlighted the choice of dividing tenders into specific lots to facilitate access for smaller producers. Difficulties were also discussed, including insufficient collaboration and resource sharing among producers, as well as limited product availability and diversity. Producers stressed the lack of motivation/incentives to supply public catering, also due to payment issues. Finally, the importance of simplifying procedures was underscored, particularly when the public catering service operates under the direct management organisation model. In this scenario, challenges arise from the need to conduct several different procurement procedures to provide the service, ranging from different categories of food supplies to equipment, cleaning products, maintenance and more. 

In the afternoon, I had the opportunity to participate as a trainer in the workshop titled ‘Public Contracts for Local and Sustainable Public Procurement’, along with Tiago Monteiro, an experienced public procurement consultant. In this session, I discussed European and National legislative trends in sustainable public food procurement and shared successful local experiences across Europe. The presentation concluded with a case study on local and sustainable school catering in Dordogne, France, where I did my first secondment last year. With the active involvement of key stakeholders, including procurement officials from other municipalities, members of the educational community, and public canteen managers, this workshop served as a platform for knowledge transfer and the exchange of best practices in the field.

Networking opportunities 

My stay in Lisbon also fostered valuable connections with prominent Portuguese experts in public procurement law. On 30 November, I attended the Lisbon Environmental Law November Workshop dedicated to Sustainable Public Procurement in Portugal and in the EU. The workshop featured an initial talk by Prof. Pedro Telles, further commented on by Prof. Miguel Assis Raimundo. Key topics explored include the trends towards mandatory Green Public Procurement (GPP) criteria and the increasing adoption of sectoral legislation, both at European and Portuguese levels. The discussion also addressed the challenges associated with the multifaceted objectives inherent to Sustainable Public Procurement (SPP) and the constraints faced by contracting authorities due to limited resources.

On 22 December, I also had the opportunity to meet Debora Melo Fernandes, a lawyer with several years of experience in the field of public procurement and relevant scientific contributions. Exchanging ideas with Debora was very stimulating and helped me to better understand some specific aspects of Portuguese public procurement law.

In conclusion, my time at ISA allowed me to explore the evolving landscape of sustainable public food procurement in Portugal, providing valuable insights into legislative developments, practical experiences, and collaborative initiatives that are shaping the future of the field. This experience facilitated connections with fellow researchers, professors, and practitioners, broadening my perspective on sustainability and paving the way for potential future collaborations.

Muito obrigada e até logo Lisboa!

My sincere thanks to Prof. Cristina Cunha Queda, the ISLE association, the School of Agriculture ISA and the broader academic community for providing me with this enriching opportunity!