Legal Framework GPP final

							Legal framework regarding
Green Public Procurement
        in Romania
             EGO no.34/2006
Principles governing the award of public procurement
   contract (art.2) :
   a) non-discrimination
   b) equal treatment
   c) mutual recognition
   d) transparency
   e) proportionality
   f) efficient utilization of public funds
   g) assumption of responsibility
 Based on the principles & liberties of the Treaty
         EGO no.34/2006
Green criteria in tender documents
The contracting authority has the right to:
• Ask the economic operator to prove his technical
  and/or     professional     ability   regarding  the
  environmental management contract by presenting
  certificates attesting that it respects environmental
  protection standards as:
   a. EMAS or
   b. environmental protection standards based on the relevant
      European standards or
   c. international standards certified by bodies in conformity
      with the Community law or
   d. relevant European or international standards concerning
      certification
         EGO no.34/2006
Green criteria in tender documents
• The contracting authority has the right
  to:
  – Use awarding criterion based on
    environmental characteristics (if awarding
    criterion is the “most advantageous
    tender from the economic point of view”)
  – Indicate the competent institutions from
    which economic operators can obtain
    information    regarding     environment
    protection
         EGO no.34/2006
Green criteria in tender documents
•    If the contracting authority lays down environmental
    characteristics in terms of performance or functional
    requirements, then it may use the detailed specifications, or,
    parts thereof, as defined by:
     – European or (multi-) national “eco-labels”, or
     – any other eco-label, provided that the following conditions are
       cumulatively met:
• those specifications are appropriate to define the
  characteristics of the supplies or services
• the requirements for the “eco-label” are drawn up on scientific
  basis;
• the “eco-labels” are adopted using a specific procedure that
  allowed the involvement of all interested parties (government
  bodies, consumers, producers, distributors and environmental
  organizations);
• “eco-labels” are accessible/available to all interested;
                    EGO no.34/2006
        Green criteria in tender documents

• The contracting authority:
    has the right to indicate that the products and services bearing
     the “eco-label” are presumed to implicitly comply with the
     technical specifications

    does not have the right to consider a technical proposal as being
     non-compliant for the single reason that the products or services
     do not have the mentioned “eco-label” if the bidder proves that
     the products /services correspond to the technical specifications.

    has the obligation to accept certificates from recognized bodies
     established in any Member State

• An appropriate mean for proving the conformity with the
  technical specifications could be a technical dossier of the
  manufacturer or a test report from a recognized body
         EGO no.34/2006
Green criteria in tender documents
• It is forbidden to indicate in the technical
  specifications :
  –    a specific source,
  –   production make,
  –   a particular process,
  –   or trade marks, patents,
  –   types or a specific origin with the effect of
      favouring or eliminating certain economic
      operators or products.
• In exceptional situation such reference is
  allowed, only accompanied by the words “or
  equivalent”
         EGO no.34/2006
Green criteria in tender documents
• The contracting authority has the right
  to ask:
  – special conditions relating to the
    performance of the contract with the goal
    to obtain environmental protection and
    promoting the sustainable development
  – information regarding the environmental
    management measures that the
    economic operator will be able to apply
    when performing the contract
         EGO no.34/2006
Green criteria in tender documents
• The contracting authority has the
  obligation to accept:
  – equivalent certificates issued by bodies
    established in Member States of the
    European Union
  – any other evidences presented by the
    economic operator if it doesn’t have an
    environmental management certificate
   National Action Plan on Green
        Public Procurement
• Still in the draft form; its adoption is
  expected this year
• Introduces a mix of voluntary and
  obligatory “green” targets for 8 groups
  of products and services
• Introduces a GPP monitoring scheme;
  electronic GPP is encouraged
EGO no.22/2008 regarding energy efficiency
 (DIR. 2006/32/EC)
• The local and central public administration shall to apply at least
  2 measures mentioned in Annex 2* regarding the promotion of
  energy efficiency
• Romania Agency for Preservation of Energy & NARMPP will
  establish the main lines regarding the energy efficiency as
  possible criteria for awarding public procurement contracts

Ministerial Order no 50/2004 regarding EMAS
• establishes the organisation procedure for the organisation and
   coordination of the eco-management and audit schemes
   (EMAS), in order to allow the voluntary participation of
   organisations to these schemes

Governmental Decision no. 236/2007 regarding
 the European Ecolabel
• establishes measures to ensure the applicability of the
  Regulation (CE) no.1980/2000 of the European Parliament and
  of the Council regarding the revised system to award the
  European eco-label
*) identical with Annex VI from DIR. 2006/32/EC
Romanian National Strategy on Sustainable
 Development (Governmental Decision no.
 1460/2008)
• According to the Strategy, a system of green
  public procurement will be phased in with an aim
  to come close to fulfilling, by 2013, the EU objective
  to reach, by 2020, the average level attained by the
  best performing Member States in 2006.



Environmental Technologies Action Plan
  (Governmental Decision no. 1568/2008)
• GPP is an axis of ETAP and is promoted trough this
  Romanian Action Plan
Thank you for attention!