PRIMES Labels in the New EU Procurement Directive Presented by

Overview What are labels? Legal framework of the 2014/24/EU Directive? Different type of environmental labels public, multi criteria ecolabels Single-issue labels Private labels Further references Image copyright: Unsplash, Creative Commons Zero

What are labels and the label requirement? means any document, certificate or attestation confirming that the works, products, services, processes or procedures in question meet certain requirements Label requirements means the requirements to be met by the works, products, services, processes or procedures in question in order to obtain the label concerned Note to the slide: For the definition of labels and label requirement please see the 2014/24/EU Directive Article 2 – Definitions.

Labels in the Directive 2014/24/EU on public procurement (1) Article 43. Where contracting authorities (CAs) intend to purchase works, supplies or services with specific environmental, social or other characteristics they may require a specific label as means of proof that the works, services or supplies correspond to the required characteristics. The Contracting Authorities may require labels: in the technical specifications in the award criteria In the contract performance conditions Note to the slide: Article 43. provides and explicit recognition of labels and encourage public authorities to use them, although it is not obligatory to use labels.

Labels in the Directive 2014/24/EU on public procurement (2) The following conditions have to be fulfilled in order to require a specific label: the label requirements only concern criteria which are linked to the subject-matter of the contract and are appropriate to define characteristics of the works, supplies or services that are the subject-matter of the contract the label requirements are based on objectively verifiable and non-discriminatory criteria the labels are established in an open and transparent procedure the labels are accessible to all interested parties the label requirements are set by a third party over which the economic operator applying for the label cannot exercise a decisive influence Note to the slide: In case a label fulfils the conditions provided in points (b), (c), (d) and (e) of paragraph 1 but also sets out requirements not linked to the subject-matter of the contract, contracting authorities shall not require the label as such but may define the technical specification by reference to those of the detailed specifications of that label. NB: References to labels should NOT have effect of restricting the innovation. Image copyright: Unsplash, Creative Commons Zero

Labels in the Directive 2014/24/EU on public procurement (3) Contracting authorities requiring a specific label have to accept all labels that confirm that the works, supplies or services meet equivalent label requirements In case an economic operator demonstrates that it has no possibility to obtain the specific label indicated by the contracting authority or an equivalent label within the relevant time limits, for reasons that are not attributable to him, than the Contracting Authority has to accept other appropriate means of proof that provides that the economic operator proves that work, services, supplies to be provided by it fulfill the requirements of the specific label or the specific requirements indicated by the public authority. Note to the slide: Article 43. of the Directive 2014/24/EU on public procurement Image copyright: Unsplash, Creative Commons Zero

Different types of environmental labels (1) Examples: the EU Ecolabel, The Nordic Swan, The Blue Angel, NF Environment, Milieukeur, AENOR etc. Public, multi-criteria ecolabels (Type I. ISO14024) Examples: EU Organic label, Energy Star label etc. Public, single-issue labels Examples: labels of FSC, PEFC, IFOAM etc. Private Labels Note to the slide: Above list is cited from the GPP Training Toolkit: Module 1 – Managing GPP Implementation Factsheet – GPP and the European Ecolabel: The European Ecolabel: http://ec.europa.eu/environment/ecolabel/index_en.htm The Nordic Swan, Scandinavia: www.svanen.nu The Blue Angel (Blauer Engel), Germany: www.blauer-engel.de Umweltzeichen, Austria: www.umweltzeichen.at NF Environment, France: www.marque-nf.com Milieukeur, the Netherlands: www.milieukeur.nl AENOR, Spain: www.aenor.es A list of further ecolabelling schemes can also be obtained at the web site of theGlobal Eco-labelling Network (GEN) www.gen.gr.jp/product.html For the Private labels please see: www.fsc.org www.pefc.org www.ifoam.org www.snf.se/bmv/english.cfm

Different types of environmental labels (2) Public, multi-criteria ecolabels Most commonly used in green procurements Labels based on pass/fail criteria For each product group different criteria set has been established Public, single-issue labels Related to one particular environmental issue i.e. energy use There are 2 different types of single-issue labels: One is based on pass/fail criteria i.e. energy efficiency 2nd type is grading products/services according to their environmental performance i.e. EU Energy label Private labels Run by different stakeholders Important issue is that how accessible they are Note to the slide: Reference to the: http://ec.europa.eu/environment/gpp/pdf/toolkit/module1_factsheet_ecolabels.pdf Image copyright: Unsplash, Creative Commons Zero

Using labels during the tender procedure Labels in tender specifications: Defining the characteristics of the purchased goods and services Checking compliance with these requirements by accepting the label as proof that it to complies with the tender specifications Labels in the award stage (the same rules apply to use the label as in the other stage of the tender procedure): Labels and other forms of third-party evidence are helping to assess how the tender performs against the award criteria, besides to verify the claims of the bidder For further information on labels, on their usages and for further practical examples please see the revised Buying Green Guide: http://ec.europa.eu/environment/gpp/pdf/Buying-Green-Handbook-3rd-Edition.pdf

List of references Directive 2014/24/EU on public procurement Directive 2014/25/EU on procurement by entities operating in the water, energy, transport, and postal services sector Factsheet – Ecolabels, GPP Training Toolkit Module 1.– European Commission by ICLEI - Local Governments for Sustainability, 2008 http://ec.europa.eu/environment/gpp/pdf/toolkit/module1_factsheet_ecolabels.pdf 4. ISO relevant website: http://www.iso.org/iso/iso_catalogue/catalogue_ics/catalogue_ics_browse .htm?ICS1=13&ICS2=020&ICS3=50 5. GPP website: http://ec.europa.eu/environment/gpp/toolkit_en.htm 6. Energy labeling legislation on household applications: https://ec.europa.eu/energy/sites/ener/files/documents/list_of_enegy_lab elling_measures.pdf 7. DG Energy website: https://ec.europa.eu/energy/en/topics/energy- efficiency/energy-efficient-products 8. EU Ecolabel: http://ec.europa.eu/environment/ecolabel/the-ecolabel- scheme.html Image copyright: Unsplash, Creative Commons Zero