International Review of Waste Management Policy - Department of ...

what can, and what cannot be done, when including environmental criteria within a
contract.
Table 57-1: Limitations to the Inclusion of Environmental Criteria within a Contract
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Topic Topic Topic
You You can… can…
You You cannot…
cannot…
Subject Matter of a Contract
International Review of Waste Policy: Annexes
...freely define the subject of
the contract.
…specify using technical
standards or on performance
based requirements.
…define specific products or
services since this may
distort the level playing-field.
…require tenderers to be
registered under a certain
eco-label scheme.
Technical Specifications E.g. Using EU eco-labels for light bulbs: The EU eco-label
criteria for light bulbs require that they should have an
average life-span of 10 000 hours. When reflecting this in a
call for tender for light bulbs, 10 000 hours could be set as
the technical specification for the minimum life span. 1057
Technical Standards
Material Requirements
Process Requirements
Process Requirements
Examples
…define a higher level of
environmental protection
than laid down in a standard.
…insist that the product you
are purchasing is made from
a specified material.
…include requirements on
production methods in the
specifications for green
procurement.
…e.g. ask for electricity
produced from renewable
energy sources
…define a higher level of
environmental protection
than laid down in a standard
that discriminates against
potential bidders.
…breach the principles of
non-discrimination, and the
free movement of goods and
services.
…include requirements which
are not related to the
manufacturing of the
product, or which don’t
contribute to its
characteristics.
…e.g. require a company
from whom you are
purchasing furniture to use
recycled paper in their offices
In 2008, ten priority sectors were identified by the Commission in the Training Toolkit
on Green Public Procurement. These were based on the following:
� scope for environmental improvement;
1057 European Commission (2004) Buying Green! – A Handbook on Environmental Public Procurement,
Available: http://ec.europa.eu/environment/gpp/pdf/buying_green_handbook_en.pdf