EU public procurement reform: BDE calls for Europe-wide binding procurement rules

Europe-wide binding requirements for public procurement should be enshrined as a fundamental principle in the new European legal framework, according to the BDE.


According to a statement from the BDE Bundesverband der Deutschen Entsorgungs-, Wasser- und Kreislaufwirtschaft (Federal Association of the German Waste Management, Water and Recycling Industries), a working draft from the European Commission proposes to merge the previously separate directives on public contracts, sector-specific procurement and concessions into a single, directly applicable EU regulation. The BDE is calling on the Commission to establish binding Green Public Procurement (GPP) rules – rather than non-binding guidelines – as part of the upcoming EU public procurement reform, in order to strengthen the recycled materials market. In the BDE’s view, it is not sufficient to include criteria such as the circular economy or recycled content as voluntary options in the planned amendment.
 
The BDE states that current procurement practices run counter to the EU’s sustainability goals. Experience showed that, in practice, despite the 2014 reforms, public contracting authorities continue to base their decisions almost exclusively on the lowest price. The association points out that the European recycling sector, particularly the plastics recycling sector, was under considerable economic pressure. High energy and regulatory costs made it difficult to compete with virgin plastics and imported recycled materials. There was a lack of reliable demand for materials sourced in Europe. High-quality recycled materials, produced in accordance with strict European environmental and energy standards, currently stand little chance against cheap virgin materials or imports of new materials from overseas. For specific product and service categories, the association is calling for the introduction of binding minimum content requirements for post-consumer recycled materials (PCR), as well as clear guidelines on recyclability. Public contracting authorities should be required to take these criteria into account in service specifications, award criteria or conditions of contract. Should they deviate from these, they should be obliged to provide a transparent justification for their decision in accordance with the ‘comply or explain’ principle.
 
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