1. Societal Impact of SAPIENS Research
Our lead researchers Marta Andhov, Roberto Caranta, Olga Martin-Ortega, in collaboration with Willem A. Janssen, contributed to the Greens/EFA in the European Parliament study on the legislative developments of Sustainable Public Procurement (SPP) in the EU. The team analyzed various legal proposals to determine how they affect SPP and what solutions we would propose.
2. Green Deal and Public Procurement
The EU Green Deal has set ambitious targets for the EU, including a climate-neutral Europe by 2050, and a circular economy that reduces waste and increases the use of renewable energy. Achieving these goals requires significant efforts across all sectors, including procurement. The public sector is a significant buyer of goods and services, with an estimated annual expenditure of 14% of the EU’s GDP, and thus, public procurement has the potential to drive significant change in the economy.
The current EU public procurement framework, as laid down in the 2014 directives, enables SPP to a relevant extent. However, it sets some unnecessary hindrances and falls short of mandating SPP. This means that while some public authorities have embraced SPP, many have not, and the potential of public procurement to drive sustainable development is not fully realized.
3. Shift toward mandatory rules
To address this issue, it is proposed that the EU should adopt a new approach to public buying, one that moves beyond the current framework and that mandates SPP in all public procurement processes. This would entail going beyond Green Public Procurement (GPP) and taking a more holistic approach to sustainability.
The analysis focuses first on the legislative initiatives tabled by the European Commission. While we recognize that most mandatory SPP initiatives cannot take place at a sectoral level, we emphasize the need for consistency in future legislation. A new approach to public buying would need to be devised, ultimately leading to changes in the 2014 Public Procurement Directives.
The study highlights several areas where the current provisions relevant for SPP are not fully coordinated. For example, the 2014 Directives fall short of ensuring that economic operators engaged in environmental and social dumping are barred from procurement markets, thus imperiling the competitive playing field.
Moreover, while the goals set in the EU Green Deal are vital, the authors stress the need to reinforce the social aspect of procurement. In other words, public procurement should not only be environmentally sustainable but also socially responsible. This means that public authorities should consider factors such as fair wages, labor rights, and working conditions when making procurement decisions.
4. Proposals
The study is conducted in light of the Greens/EFA Group’s long-standing demand to make sustainability criteria mandatory in public procurement. The study formulates concrete proposals for how the EU public procurement framework could be adapted or complemented to drive sustainability considerations in public purchasing throughout the entire EU.
In conclusion, the EU needs to take concrete steps to mandate SPP in public procurement beyond GPP to achieve the ambitious goals of the EU Green Deal. The social aspect of procurement should also be reinforced, and a new approach to public buying needs to be devised. The study provides concrete proposals on how to drive sustainability considerations in public purchasing throughout the entire EU, leading to a sustainable future for all.
You can download the study, “Shaping Sustainable Public Procurement Laws in the European Union: An analysis of the legislative development from ‘how to buy’ to ‘what to buy’ in current and future EU legislative initiatives,” here: https://lnkd.in/ggBRuxUY.
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