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Harnessing the power of public procurement ... while respecting the rules. Catherine Weller 6 November 2013. The function of the EU rules. About h ow not what ... ... Though does influence the what to a certain extent. Link to the subject matter (1).
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Harnessing the power of public procurement ... while respecting the rules
6 November 2013
Recent CJEU jurisprudence clarification
“The obligation of the contracting authority to mention expressly the detailed environmental characteristics it intends to impose, even where it refers to the characteristics defined by an eco-label, is indispensable in order to allow potential tenderers to refer to a single official document, coming from the contracting authority itself...”
“Those characteristics may also refer to the specific process or method of production [...] even where such factors do not form part of their material substance [...]” Article 40
The best price-quality ratio “shall be assessed on the basis of criteria including qualitative environmental and/or social aspects linked to the subject matter of the public contract in question” Article 66(2)
For: “The technical specifications drawn up by public purchasers need to allow public procurement to be open to competition as well as to achieve objectives of sustainability” Recital 27
Against: “In technical specifications contracting authorities can provide such social requirements which directly characterise the product or service in question [...]” Recital 41
“Where contracting authorities intend to purchase [products] with specific environmental, social or other characteristics they may, in the technical specifications, the award criteria or the contract performance conditions, require a specific label as means of proof that the [products] correspond to the required characteristics, providing that...”
“Where contracting authorities do not require the works, supplies or services to meet all of the label requirements, they shall indicate which label requirements are referred to.”