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Implementation of Green Procurement in the Swedish Procurement System. Linda Dahlström “The New Public Procurement Procedures and Instruments” Ankara 5-6 February 2008. Public Procurement in Sweden Current situation. 40 billion EUR 10 000 contracting entities. - PowerPoint PPT Presentation
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Implementation of Green Implementation of Green Procurement in the Swedish Procurement in the Swedish
Procurement SystemProcurement System
Linda Dahlström “The New Public Procurement Procedures and Instruments”
Ankara 5-6 February 2008
© OECD
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UPublic Procurement in Public Procurement in
SwedenSwedenCurrent situationCurrent situation
40 billion EUR 10 000 contracting entities
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ULegal Framework for GPP Legal Framework for GPP
in Swedein Swedenn EC Treaty Government Procurement Agreement
(GPA) Public Procurement Directives
(2004/18/EC and 2004/17/EC) Judgments of the European Court of
Justice The Swedish Public Procurement
Acts (2007:1091, 2007:1092)
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The ”Legal” Way forwardThe ”Legal” Way forward
New Swedish procurement legislation which implements the provisions of the procurement directives. (January 2008)
A proposal that contracting authorities should set environmental requirements where appropriate with regard to the nature of the procurement.
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Background GPP in SwedenBackground GPP in Sweden 90’s - Early engagement by NGO:s and
in local Municipalities, County Councils and in some Governmental Agencies
Committee for Ecologically Sustainable Public procurement appointed by the Swedish Government 1998-2001
Development of the Swedish Instrument for Ecologically Sustainable Procurement (EKU) 2001
Swedish Environmental Protection Agency survey on GPP 1998, 2002, 2004, 2007
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Background GPP in SwedenBackground GPP in Sweden
Strong support for GPP from the Prime Minister in the Governmental declaration in 2002
Swedish Action plan 2007-2009 Legislation on green cars bought or
leased by Governmental Agencies 1 Jan 2006
Developments Sustainable procurement (social,
ecological and economic dimension)
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Purpose to increase the level of environmental procurement
Assessment of the current situation Target for the next three years Measures for achieving the targets Clarification of the various actors’
responsibilities
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Assessment of the current situation
- Questionnaires, case studies 60 % of central government, regional
and local agencies regularly specify environmental requirements
In 1/3 of the cases environmental requirements are framed in such a way that they have no effect!
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Main Obstacle
- Lack of knowledge and experience on how to set environmental requirements
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UThe government’s action plan for ’07 The government’s action plan for ’07 Environmental public procurementEnvironmental public procurement
VisionWherever possible according to the law on public procurement, authorities at government, municipality and county levels should issue requirements for environmental issues in the public procurement process
This must not involve an increase in the administrative burden for companies or making participation harder for companies, especially small companies.
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UThe government’s action plan for ’07 The government’s action plan for ’07 Environmental public procurementEnvironmental public procurement
VisionPublic purchasers and suppliers have access to tools, training and other types of support with regard to environmental issues in connection with public procurement
© OECD
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UThe government’s action plan for ’07 The government’s action plan for ’07 Environmental public procurementEnvironmental public procurement
Objectives
1. The proportion of authorities at government, municipality, and county levels that regurlarly issue well-formulated environmental requirements should increase from the current level of 60 % to 80 %
2. The proportion of state framework agreements with well-formulated environmental agreements should increase from the current level of 63 % to 90 %
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Measures1. State authorities, guidance and skills
2. Involve politicians and other decision-makers at local and regional level
3. Secure the skills among purchasers
4. Offer an effective and simple tool
5. National targets for public consumption
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UThe government’s action plan for ’07 The government’s action plan for ’07 Environmental public procurementEnvironmental public procurement
State authorities, guidance and skills
- environmental requirements in the state framework agreements
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UThe government’s action plan for’07 The government’s action plan for’07 Environmental public procurementEnvironmental public procurement
Involve politicians and other decision-makers at local and regional level
- information campaign
- conferences
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UThe government’s action plan for’07 The government’s action plan for’07 Environmental public procurementEnvironmental public procurement
Secure the skills amongs purchasers- set up a helpdesk for GPP- A web-based basic course on environmental requirements- Information material produced on
environmental requirements and the legal framework
- offer integration of GPP in existing procurement training courses
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UThe government’s action plan for ’07 The government’s action plan for ’07 Environmental public Environmental public procurementprocurement
Offer an effective simple tool for GPPl- Environmental criteria reviewed,
quality, content, level,user-friendliness and functionality- The tool re-launched and marketed
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Cost benefit analysis Follow up - The Swedish
Environmental Protection Agency should continouously follow up the development of environmental requirements in public procurement
© OECD
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UThe government’s action plan for ’07 – The government’s action plan for ’07 –
Environmental public procurementEnvironmental public procurement
Involve allr elevant stakeholders in the process
© OECD
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U The Swedish Environmental The Swedish Environmental Public Procurement StructurePublic Procurement Structure
Ministry of EnterpriseMinistry of Enterprise
Ministry of FinanceThe Swedish
Public Procurement Act
Ministry of FinanceThe Swedish
Public Procurement Act
The Swedish Competition Authority
(supervision)
The Swedish Competition Authority
(supervision)
Ministry of EnvironmentMinistry of
Environment
10 000 Procuring entities
290 Municipalities12 County Councils
450 Central Authorities
Swedish Environmental Management
Council
Swedish Environmental Management
Council
Swedish Environmental
Protection Agency
Swedish Environmental
Protection Agency
The National Financial Management Authority, Coordination of Central Procurement
The National Financial Management Authority, Coordination of Central Procurement
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UThe Swedish Environmental The Swedish Environmental Managment Council (MSR)Managment Council (MSR)
Jointly owned by the Swedish state, the Swedish Association of Local Authorities and Regions and the Confederation of Swedish Enterprises.
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UMSR – GUIDANCE FOR
SUSTAINABLE PROCUREMENT
Internet based Criteria for 9 product areas Guidelines and education Aid and support (helpdesk) for
public procurement officers purchasers
State financed, work contribution from different stakeholders
Staff- 8 full time
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UMSR – consensus processMSR – consensus process
Pre-study (lca, market analysis, stakeholder analysis etc)
Working group - start
Referral
Final criteria proposition
Referral consideration
Working group - stop
Decision committee
Publishing
Prioritized products -
Board decision
Open stakeholder meeting
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WebsitesWebsites
The Swedish Competition Authority, supervisory authority for public procurement in Sweden (www.kkv.se)
The Swedish Environmental Management Council (www.msr.se)
The Swedish Environmental Protection Agency (www.naturvardsverket.se)
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The Swedish Legal The Swedish Legal Framework below the EC Framework below the EC
thresholdsthresholdsLinda Dahlström
Ankara 5-6 February 2008
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UThresholdsThresholds
Works EUR 5 278000
Supplies/services Utilities EUR 422 000 Central level EUR 137 000 Other contracting
authorities EUR 211 000
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UPrinciples in the Treaty applying to Principles in the Treaty applying to
public contractspublic contracts
non-discrimination on grounds of nationality -Article 12
free movement of goods and prohibition of quantitative restrictions on imports/exports and measures having equivalent effect –Art. 28 -30
freedom of establishment -Article 43 et seq.
freedom to provide services -Article 49 et seq.
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UFundamental Principles Fundamental Principles
Deriving from Treaty ProvisionsDeriving from Treaty Provisions
equality of treatment obligation of transparency proportionality mutual recognition
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UECJ Case LawECJ Case Law
The ECJ has jurisdiction under art.177 of the EC Treaty to interpret Community law where the situation in question is not governed by Community law but the national legislature, in transposing the provisions of a directive into domestic law, has chosen to apply the same treatment to purely internal situations and to those governed by the directive, so that it has aligned its domestic legislation to Community law.(C-28/95 A. Leur Bloem)
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UECJ Case lawECJ Case law
“The mere fact that the Community legislature considered that the strict special procedures laid down in those directives are not appropriate in the case of public contracts of small value does not mean that those contracts are excluded from community law.”
“… bound to comply with the fundamental rules of the Treaty.” (C-59/00 Bent Mousten Vestergaard, p 20)
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UECJ Case lawECJ Case law
“That obligation of Transparency which is imposed on the contracting authority consists in ensuring, for the benefit of any potential tenderer a degree of advertising sufficient to enable the services market to be opened up to competition and the impartiality of procurement procedures to be reviewed.”
(C-324/98 Telaustria p 62, C- 458/03 Parking Brixen p 49)
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UECJ Case lawECJ Case law
(C-195/04 Opinion of Advocate general)(C-195/04 Opinion of Advocate general)
A sufficient degree of publicity for low value contracts ?
- “not necessarily an obligation to publish”
- “.. The appropriate degree of publicity is to be determined by reference to the potential market for that contract.”
- “ a sufficient degree of publicity for low value contracts a matter for national
law”
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UObjective of public procurement Objective of public procurement policy outside the scope of the policy outside the scope of the
directivesdirectives Same as above thresholds ?
(Establishment of a single market,
Open up public procurement to competition, value for money, anti-corruption tool)
Public Procurement directives suitable legislation also for below EU thresholds ?
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Public Procurement Outside the Public Procurement Outside the scope of the EU directives – scope of the EU directives –
The Swedish ExampleThe Swedish Example ~ 95 % of total nr of procurement
procedures ( 200 000) ~ 80 % of total procurement value ~ 32 billion EUR Legal framework below thresholds
applied by many contracting entities (10 000) and procurement officers
Nr of complaint procedures ???
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UBackground Background
1952, Procurement Ordinance (domestic preferences removed)
1973 Procurement Ordinance and Procurement Regulation
1994 The Swedish Public Procurement Act (interpretation of the rules for procurement outside the scope of the EU directives in accordance with the ”old” procurement regulation
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UThe Swedish Public The Swedish Public Procurement Acts Procurement Acts
Two new laws in force 1st January 2008 (classic and utilities) 16 chapters: (1-2 general provisions, 15 procurement outside the scope of the directives, 16 remedies
Provisions regarding public procurement outside the scope of the directives presently drafted by government with the purpose to simplify (implemented ? 2009, 2010)
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UChapter 15 (PP ACTS)Chapter 15 (PP ACTS)
Contracts below the EU threshold values
B-services irrespective of value Secrecy or other special restrictions
in respect of national secrecy – regardless of value
Defence, supplies and services which have no civil use – regardless of value
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UProcedures (Procedures (Chapt 15 PP Acts)Chapt 15 PP Acts)
Simplified Procedure: - all suppliers entitled to submit tenders - negotiation possible with one or
several tenderers
Selective Procedure: - all suppliers entitled to apply to submit
tenders - the contracting entity invites certain
suppliers to submit tenders - negotiation possible with one or
several tenderers Informal Procedure: - No formal requirements
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UPublication requirementsPublication requirements
Simplified procedure: the notice shall be published in an electronic database which is publicly accessible or through the publication of contract notices in some other way - which leads to efficient competition.
Selective procedure: the invitation to apply to tender should be published in an electronic database which is publicly accessible
Content of Notice
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UWritten request for Written request for
tenderstenders
Under certain circumstances the contracting entities may send a written request for tenders to a supplier without publishing a contract notice.
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UInformal Procedure Informal Procedure
Low value Particular reasons, such as great
urgency resulting from circumstances which could not have been anticipated and are outside the control of the entity, may procurement take place without formal requirements
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UInformal Procedure Informal Procedure
The contracting entity should if needed establish an internal policy for the use of the informal procedure
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UTime limitsTime limits
Simplified Procedure
- Reasonable time
Selective Procedure
- Reasonable time (never less than 10 days from the day on which the invitation to apply was published)
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Tender opening Technical specifications
- Not limited except reference to Environmental specifications
Award of contract
- Relative weighting or Ranking
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URemediesRemedies
Review and Damages same above and below EU thresholds
County Administrative Court (Review) District Court (damages)
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Thank You !Thank You !
Linda Dahlström
Swedish Competition Authority
