The draft Green Public Procurement Strategy and Action Plan

A public consultation has been launched on the draft Green Public Procurement Strategy and Action Plan 2023-2027 (the ‘draft 2023-2027 GPP Plan’) with submissions due by 10 November 2023. Due to the significant climate developments, it is intended that the new 2023-2027 GPP Plan will replace the current national policy ‘Green Tenders’ which is over ten years old.

The draft 2023-2027 GPP Plan was published prior to the implementation of a new set of eForms that are available for use on the eTenders website from 25 October 2023. The eForms include fields dedicated to GPP and require buyers to indicate the inclusion (or otherwise) of established GPP criteria in their tender documentation.

Some of the key features of the draft 2023-2027 GPP Plan include:

  • measures to implement GPP in the public sector
  • GPP monitoring and reporting
  • GPP training and awareness
  • further development of national Green Public Procurement guidance and criteria

These key features are further detailed below.

Measure to implement GPP in the public sector

The inclusion of measures to implement GPP in the public sector follows the Programme for Government ‘Our Shared Future’ which includes an action to mandate the inclusion of green criteria in all procurements using public funds. The draft 2023-2027 GPP Plan sets out a three step GPP implantation mandate.

Step Action
One
  • Assess needs and avoid unnecessary purchases.
  • Rethink how demand can be met (e.g. reuse options).
  • Build flexibility into contracts to allow regular review of needs. 
Two
  • If a decision is made to undertake public procurement insert GPP criteria in the tender documentation for all procurement spends applicable to public procurement thresholds. 
Three
  • If a public body does not comply with Step Two and does not include GPP criteria in published tender documents, it must provide justified reasons for this decision. 

From the date of publication of the finalised 2023-2027 GPP Plan, all central purchasing arrangements must include GPP criteria. From 2025, it will become a requirement for all public bodies to include GPP criteria in all tender documents where possible.

Further, from the date of publication of the finalised 2023-2027 GPP Plan, all public bodies will be required to include ‘Minimum Sustainability/Environmental Criteria’ in tender documents, where possible and proportionate and where there are no other available national, EU or other GPP criteria.

GPP monitoring and reporting

In order to ensure compliance with GPP mandates, the draft 2023-2027 GPP Plan aims to introduce mandatory reporting mechanisms. The Department of the Environment, Climate and Communications will consider a legislative basis to mandate the reporting of GPP by public bodies.

With the introduction of the new eForms, one of the most important developments is the inclusion of new mandatory data entry fields that relate to GPP criteria. The fields dedicated to GPP will require tenderers to set out whether their tender includes a process to procure goods, services and works with the aim to reduce environmental impact throughout their life cycle. The 2023-2027 GPP Plan indicates that the Office of Government Procurement will investigate the potential avenue of collecting the data captured on GPP by the new eForms with a view to reporting on such data from 2025.

From 2024 all public bodies will be required to report on GPP implementation in relation to individual contracts valued over the applicable EU procurement thresholds. In 2025, this requirement will extend to individual contracts valued over the applicable national procurement thresholds. In addition, public bodies will be required to explain why they are not implementing GPP that exceed the above-mentioned thresholds where national GPP criteria are available.

GPP training and awareness

The draft 2023-2027 GPP Plan enhances the commitment to GPP training and awareness. Civil service and public sector training providers are to include GPP in their general procurement training and courses and to include a commitment to delivering GPP training in their corporate policies and strategies. There should be a priority focus on key goods/services/works applicable to specific organisations. In addition, the Climate Action Plan 2023 commits that GPP training will be provided for public sector bodies including local authorities.

Further development of national Green Public Procurement guidance and criteria

The draft 2023-2027 GPP Plan further develops the national GPP guidance and criteria and sets out the principles that should be adhered to by all public bodies that use public funds as part of their procurement process.

The Environmental Protection Agency (the EPA) has published GPP criteria in respect of the following sectors:

  • Road Transport Vehicles and Services                          
  • Lighting
  • ICT Product and Services                                            
  • Heating Equipment
  • Food and Catering Services                                         
  • Energy Related products
  • Cleaning Products and Services                                   
  • Paper Products and Printing Services
  • Office Building Design, Construction and Management    
  • Textiles

According to the draft 2023-2027 GPP Plan, all public bodies procuring goods, services or works in sectors where national GPP criteria are available must include GPP criteria in published tender documentation, where appropriate and proportionate. Where national GPP criteria are not readily available, public bodies are advised to use GPP criteria from other sources such as EU GPP criteria or available best practice from other countries. In circumstances where GPP criteria may not be published in respect of specific sectors, or available elsewhere, public bodies should endeavour to include criteria that will reduce the impact on the environment such as the Minimum Sustainability/Environmental Criteria set out in ‘Appendix III’ of the draft 2023-2027 GPP Plan. If a sustainable or environmental solution is not available on the market, consideration should be given to using an innovative procurement procedure or the innovation partnership to find goods, services, or works that meet the contracting authority’s needs.

For further information please contact Anna-Marie Curran, Partner or your usual team EU, Competition & Procurement contact.

Date published: 25 October 2023