Promoting EMAS through Green public procurement

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Promoting EMAS through Green public procurement

• DG EnvironmentJill Michielssen

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Structure of presentation

• EMAS and Green Public procurement two essential
  environmental policy tools
• Why is green purchasing important and how thus it
  work ?
• What are the essential characteristics of EMAS ?
• In which way Public purchasers could promote EMAS
  when practising Green public procurement?

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Why is green procurement important?

• Lot of money involved - 16 of EU GDP
• Demonstration effect - shows that public
  authorities dont just ask others to take action
  on the environment - also capable of acting
• Major environmental gains are possible

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Major environmental gains possible

• One example - if all the public authorities in
  Europe switched to green electricity this would
  save 60 million tonnes of CO2, equiv to 18 of
  the Kyoto commitment.
• More efficient computers, organic food, energy
  efficient buildings all areas where public
  sector could have a significant impact.

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How does  green  procurement work ?

• Possible to integrate environmental elements at
  all stages of procedure
• Subject matter
• Technical specifications
• Variants
• Selection criteria
• Award criteria
• Contract clauses

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 green  Subject matter

• Subject matter ex. green electricity, furniture
  stemming from sustainable harvested woods, energy
  efficient building, sustainable cleaning services
  ..
• This is the most transparant way
• May be unappropriate if lack of knowledge of
  subject matter and of  green  alternatives if
  uncertainty about economic cost/budget
  restrictions.

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 green  technical specifications

• Technical specifications related to subject
  matter
• Definition in upcoming PP legislation includes
  environmental performance levels, conformity
  assessment, use of the product, production
  processes

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 green  variants

• Use of variants if contracting authority lacks
  knowledge of  green  alternative/its price
• Only possible in case one uses an environmental
  award criterium enables to compare
  (quality/price/environmental performance) between
   non green  and  green  offer.

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 green  selection criteria

• Technical/professional ability i.e. statement
  of specific equipment enabling provision of
   green  services/works certificates
  establishing conformity of products by reference
  to  green  specifications/standards specific
   green  qualifications

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 green  award criteria

• even if they dont provide an economic advantage
• even if the contracting authority (or its
  inhabitants if i.e. a local authority) wont
  benefit directly from the environmental impact
• may relate to  green  production processes
• Examples extra points for reusable products or
  for use of  green  energy in production
  process or for energy efficiency.

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  green  contract execution clauses

• i.e. require products to be delivered in bulk
  instead of in separate containers
• i.e. require workers to comply with specific
  environmental guidelines
• i.e. require a certain mode of transport (by
  railway for exple) for the delivery of the
  products (if this does not amount to
  discrimination)

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conclusion

• Lots of possibilities, at all stages of
  procurement process, subject to following
  principles
• Transparency (all bidders should be informed in
  the same, objective, verifiable way and at the
  same time)
• Non-discrimination  green  criteria wont be
  accepted if the only  green  bidder is of the
  nationality of the contracting authority and if
  advantage for environment is not proportionate to
  resulting hinder for trade/competition

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Conclusions

• Link with the subject matter of the contract
  you cannot i.e. require your supplier to use
  recycled paper in his administration/propose
  organic food in his cantine.
• Always specify mutual recognition of equivalent
  products/assessment procedures/ecolabels/eco
  management schemes/production processes.

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EMAS how does it work?

• participating organisation is committed to
  improve continuously its environmental
  performance and reduce the negative environmental
  impacts resulting from all the activities of the
  organisation, including the products, services or
  works performed by it.

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EMAS how can you register?

• Establish Environmental policy (minimum
  compliance with environmental regulations,
  prevention of pollution and commitment to
  continuous improvement)
• Conduct environmental review (report with data on
  consumption of raw materials, energy, production
  of wastes, emissions..)
• Establish environmental management system
  setting responsibilities, objectives, means..

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EMAS how to register?

• Environmental audit (result in report with
  eventual corrective actions)
• Statement of environmental performance (results
  against environmental objectives and future steps
  to be undertaken)
• Validation by accredited verifier/verifier
  organisation
• Request for registration by Competent Body

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EMAS company related tool

• Not related to specific contract/product/service
  (difference with environmental managament
  measures)
• Structured tool to help organisations to
  integrate environmental considerations into day
  to day economic life
• No obligations concerning the actual level of
  environmental performance (difference with
  Ecolabel)

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How can EMAS fit into a public procurement
procedure?

• Legislative framework
• Actual directives no reference to environmental
  considerations
• Interpretative Communication 2001 section on
  environmental management scheme as a means of
  proof of technical capacity
• New legislation on public procurement recital
  and provision on environmental management
  measures as a technical selection criterion per
  se

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EMAS and GPP

• In practice Distinguish between
• Environmental management schemes/measures as a
  proper selection criterion
• EMAS and environmental management schemes as a
  way to prove compliance with a  green 
  selection criterion

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EMAS and GPP

• Can one require potential bidders to operate an
  environmental management system/EMAS?
• EMAS no
• Environmental management scheme/measures only
  in appropriate cases and only for services or
  works contracts

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EMAS and GPP

• When an environmental management system can be
  required, EMAS (standing for  top of the bill 
  environmental management) should of course be
  accepted as proof
• Never as a proper selection criterion since it
  would always imply compliance with elements
  unrelated to the subject matter of the contract
  (thus disproportionate)

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EMAS and GPP

• Can a contracting authority be obliged to
  recognize EMAS registrations as a way of proving
  compliance with a  green  technical selection
  criterion?
• Yes ! Given the institionalised character and
  many (third party) controls surrounding EMAS
  registration, the committing organisation should
  be able to forward it as an (easy) way of proving
  compliance with certain selection criteria

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EMAS and GPP

• Conclusion
• EMS (including EMAS but not limited to EMAS) can,
  in exceptional cases, constitute a proper
  technical selection criterion
• EMAS registration (and equivalent EMS) should be
  recognized by contracting authorities as a way of
  proving compliance with specific green selection
  criteria (if this results from the environmental
  statement)

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EMAS and GPP Conclusion

• The Commission would like to promote EMAS
  participation by way of a Recommendation which
  would encourage Member States to recognize and
  promote EMAS as a useful tool in the framework of
  Green Public Procurement