Developing an overarching strategy or framework for advancing environmental objectives through public procurement is crucial to ensure policy coherence and align procurement practices across different levels of government. Over the past decade, many countries, including France, have actively formulated green public procurement strategies and policies, a momentum that has gained further attention with the launch of the UN Agenda 2030 and the Sustainable Development Goals. This chapter explores the comprehensive French legal framework regulating the inclusion of environmental considerations in procurement and the ambitious targets it sets. It also analyses the need for coordination among the various players to implement this framework.
Promoting Strategic and Green Public Procurement in France
Professionalising the State Procurement Function
Abstract
An analysis of the interrelationships and complementarities between different environmental laws and initiatives in France reveals the complexity and wealth of the legal and regulatory framework governing green public procurement. Although these legislative texts and programmes come from different sources and target different objectives, they all converge towards a common commitment to sustainability and the environment. It is therefore important to distinguish between the regulatory framework that sets precise objectives for public purchasing, and ancillary laws and regulations that target certain purchasing categories or influence purchasing without directly affecting it.
2.1.1. Ambitious targets for systematising environmental considerations in all procurement processes
The OECD Recommendation, in its principle of Balance, suggests that adherents assess the value of using public procurement as a method of contributing to wider public policy objectives in line with clear national priorities, balancing the potential benefits against the need for value for money. This should take into account the ability of procurement staff to work towards secondary objectives and the burden of monitoring progress towards these objectives. (OECD, 2015[1])
France has chosen a more ambitious route to use public procurement as a lever to achieve its environmental objectives. Two texts aim to make the inclusion of environmental considerations systematic in all public procurement contracts. First, the Climate and Resilience Law, adopted in 2021, aims to step up the fight against climate change and to help society adapt to increase its resilience in the face of climate impacts. It affects many sectors of activity and, in particular, extends the obligations of public procurers in terms of integrating climate and environmental considerations into public procurement procedures. Article 35 of the Law amends the Public Procurement Code, requiring contracting authorities to include environmental considerations in the form of administrative or technical requirements (performance clauses, purpose, technical specifications, implementation arrangements) and mandatory environmental award criteria in public procurement and concession contracts. The law also reiterates the obligation to take sustainable development objectives into account when defining requirements, particularly through technical specifications. This is an obligation of means, which means that all purchasers must consider, when carrying out a procurement procedure, how to reconcile environmental, social and economic issues, and set proportionate requirements as a result. This inclusion is mandatory for all public procurement contracts, with a deadline of 21 August 2026. (Gouvernement français, 2022[2]) The National Plan for Sustainable Procurement (PNAD) 2022-2025 takes up the objectives imposed by the Law, setting a target of 100% of public procurement contracts including at least one environmental consideration and 30% including a social consideration by 2025. (Gouvernement français, 2022[3])
Achieving these objectives is proving difficult in France, particularly in State procurement, where 21% of contracts included an environmental consideration in 2022. Training and awareness-raising efforts have been implemented to help purchasers achieve these objectives, resulting in a significant increase to over 54.7% of contracts including an environmental consideration in 2023, for central and decentralised government departments (excluding other public bodies). Despite this increase, difficulties persist in achieving these objectives for certain procurers and certain procurement categories.
These persistent difficulties can be explained by the maximalist approach adopted by the public authorities, echoing a proposal made by the Citizens' Climate Convention. Unlike France, in most OECD countries, the general objectives contained in environmental public procurement strategies and policies are translated either through specific obligations for certain product categories or through targeted objectives for the widespread inclusion of environmental considerations (see Figure 2.1)
Note: Figures shows respondents responses to two different questions: (1) ‘’’ Does the national policy or strategic framework include a mandatory requirement to use GPP in specific instances?’’, (2) ‘’ Does the national policy or strategic GPP framework include targets in terms of share of procurement subject to GPP?’’ Peru and Romania did not answer to the question. Hungary adopted a GPP policy framework in December 2022 after the closing of the Survey.
As such, 39% of countries have chosen to introduce specific obligations for certain categories of procurement, using a gradual approach. Initially, mandatory environmental considerations were limited to a few categories of public procurement with a strong risk/reward logic, but their scope was gradually extended. 29% of countries preferred to generalise the inclusion of environmental considerations to all procurement segments with targeted objectives, defining a percentage of tenders (in value or number) including environmental considerations. The ultimate aim is to encourage and guide implementation, as well as to facilitate monitoring and reporting on the inclusion of these environmental considerations. Therefore, countries can establish an obligation to introduce environmental requirements in public tenders or set more progressive targets such as the percentage of goods or services subject to environmental requirements. (OECD, 2024[4])
In addition to the objective of integrating environmental considerations into all public procurement contracts, the French regulatory framework goes further. The Climate and Resilience Law imposes the dual obligation not only to integrate environmental considerations into 100% of public procurement contracts, but also to include these environmental considerations in two areas (technical or administrative clauses, and award criteria).
The difficulties in achieving the objectives could be explained by the overly rigorous requirements placed on procurement officers. The 100% target applies to all procurement processes, even though certain purchasing categories, such as intellectual services, are not necessarily relevant for the inclusion of environmental considerations. This ambitious objective may present a risk of greenwashing by procurers, i.e. the inclusion of an environmental consideration out of obligation, but which will not produce any effect during the performance of the contract. It also poses the risk of an increased rate of legal challenges against public procurement procedures by ousted economic operators, who may question the legality of a contract concerning the obligations contained in the Climate and Resilience Law (for example, if a procurer has only included one environmental consideration out of the two mandatory ones). An alternative choice could be to select the most polluting purchasing categories (in terms of carbon footprint, CO2 emissions, biodiversity, energy consumption, etc.) and introduce specific obligations to include environmental considerations. In France, certain texts affect specific purchasing categories (see Section 2.1.2 below), However, most of these texts do not set out any concrete obligations for purchasers. The National Low Carbon Strategy, for example, promotes objectives for clean vehicles without translating them into purchasing targets. In New Zealand and Belgium, for example, the legislative or strategic frameworks for public procurement require contracting authorities to purchase a percentage of clean vehicles. In Slovenia, 22 purchasing segments are covered by environmental obligations, including construction, road building, textile products, etc.
Some countries have also opted for a more progressive sequencing, taking into account the capacity of procurers, in order to allow them to acquire the necessary capacity to implement environmental considerations. Indeed, target objectives are most effective when developed in consultation with contracting authorities, as they are responsible for achieving the objectives and can directly influence performance. It is important to set realistic targets to ensure effectiveness, particularly taking into account implementation difficulties and market constraints. For example, in the Slovak Republic, in line with the strategy for environmental policy, the targets for environmental public procurement are 70% of the total value and number of contracts by 2030, for all levels of government. Other countries, such as Norway, have chosen to generalise environmental considerations in all purchases, but also to set up an exemption process if the purpose of the contract justifies it (see Box 2.1).
In 2021, Norway launched a new action plan to increase the proportion of green public procurement and green innovations for the period 2021 - 2030, and the Norwegian Agency for Public and Financial Management (DFØ) is responsible for following up and updating the action plan. The action plan aims to leverage the role of public procurement in achieving three key objectives: minimising the adverse environmental impacts of the public sector, promoting climate-friendly solutions and supporting the transition to a circular economy, and shifting the national and global supply chain towards greener production systems.
Even before the plan was adopted, back in 2016, the Public Procurement Act obliged public authorities at all levels of government to take into account the reduction of adverse environmental impacts and the promotion of climate-friendly solutions when awarding contracts. A specific provision also encouraged the weighting of the ‘environment’ award criterion at 30%, when used.
Since January 1st, 2024, this 30% weighting provision has gone from optional to mandatory for all public contracts. The law does, however, provide for two mechanisms for waiving this obligation in order to offer procurers greater flexibility, but these waivers must be duly justified:
The award criteria may be replaced by climate and environmental requirements in the technical specifications, if it is established that this will produce better effects on the climate and the environment and if this is justified in the procurement documents;
The obligation to set requirements or criteria in accordance with the law does not apply if the public contract has, by its nature, an insignificant climate footprint and environmental impact and this is justified in the procurement documents.
Source: (OECD, 2024[4]), (DFØ, 2023[5])
In addition, in the Netherlands, contracting entities are responsible for developing their own targets according to their level of ambition and capacity, which has resulted in an increase in the use of environmental award criteria from 39% to 49% in 5 years (see Box 2.2).
Due to past failures of top-down targets for sustainable public procurement, the Netherlands has decided to make contracting authorities responsible for setting their own SPP targets. In 2016, the Dutch procurement agency launched a “Socially Responsible Procurement Manifesto” and public agencies were invited to sign up. Within six months upon signature, public agencies have to develop a SPP action plan, which includes setting up their level of ambition for SPP; identifying areas of intervention according to the level of expected impact; defining measurable goals; and explaining how they plan to achieve targets and mainstream SPP practices.
Although each participating party can decide its own level of ambition, the Manifesto is a binding instrument: all participating parties commit themselves to creating and publishing an SPP plan based on the above six themes. Moreover, they need to monitor implementation and report on progress on an annual basis.
Since the launch of the SPP Manifesto 170 agencies are now signatories and the use of award criteria that promote SPP has increased (from 39% in 2015 to 49% in 2020 of the procurement processes). SPP is more often included in market consultations (from 18% to 46%) and a higher number of organisations are now equipped to apply SPP (from 28% to 54%). With the SPP Manifesto, government agencies are motivated to pursue ambitious goals and to implement them. Signing the SPP Manifesto has had a positive effect for the majority of the signatories in the form of awareness-raising, commitment and as a basis for their own SPP policy. Nevertheless, a proper translation from ambition to concrete implementation is still lacking. SPP can increase (perceived) costs and complexity and is therefore often not included in purchase orders, or only marginally. Moreover, commitment to SPP often depends on enthusiastic individuals such as a director or buyer, with structural anchoring still lacking.
The six SPP themes of the Manifesto are linked to the UN SDGs: Social Return, Diversity & Inclusion, International Supply Chain Responsibility, Environment and Biodiversity, Circular Economy and Climate.
The Dutch Public Procurement Expertise Centre (PianoO) provides support on how to develop GPP action plans and promotes peer-learning by sharing best practice examples and lessons learned.
Source: (OECD, 2024[4])
The strategy followed in the Netherlands illustrates a different approach to the adoption and widespread introduction of environmental considerations into public procurement. This proactive approach is based on the willingness of contracting authorities to take ownership of climate issues and to use public procurement to meet these challenges.
2.1.2. A comprehensive regulatory framework that multiplies the number of requirements in public procurement
The profusion of laws and regulations governing public procurement is likely to create increasing complexity in their implementation. While the main text governing public procurement has already been amended to ensure that environmental considerations are taken into account across the board, many other texts also have an impact on public procurement. Indeed, France's environmental strategy, as reflected in its various policies and regulations, illustrates an integrated and systemic approach to the environmental transition, where each legislative measure and initiative contributes to a common objective: sustainability and the reduction of environmental impact. Focusing on public procurement, this section looks at how this overall strategy shapes and guides government purchasing to encourage a greener, more resilient economy. Table 2.1 summarises the different texts, the environmental dimension targeted, and the procurement categories concerned, where applicable.
Note: This list is not exhaustive and contains the main texts at the national level.
Source: Author
At the heart of France's environmental strategy, the Law on Energy Transition for Green Growth (LTECV) lays the foundations by setting ambitious targets for reducing CO2 emissions and energy consumption, while increasing the share of renewable energies. It provides the basis for a public procurement policy that gives priority to eco-designed goods and services, thereby driving the market towards innovative and sustainable solutions. This strategic direction is reinforced by the EGALIM Law which, by focusing on the agricultural and food sectors, requires the inclusion of sustainable and local products in collective catering, creating demand for organic farming and supporting short distribution channels. A proactive policy to promote organic farming through public procurement has proven successful in Sweden (see Box 2.3).
Sweden's experience with Green Public Procurement (GPP) provides useful insights into how public sector procurement can support the growth of organic farming. By integrating environmental public procurement policies into existing agricultural support programmes, Sweden sought to increase the consumption of organic food by the public sector, thereby encouraging farmers to convert to organic farming. This approach was aimed not only at meeting national environmental protection targets, but also at reducing the financial burden on farmers through targeted subsidies. The synergy between GPP and direct agricultural policies highlights the importance of a comprehensive policy design that takes advantage of several instruments to achieve environmental objectives.
Sweden's market-based green public procurement strategy was designed to stimulate public and private demand for organic products. By using the purchasing power of the public sector, the Swedish government aimed to create a stable and growing market for organic products. This strategy encouraged farmers to adopt organic practices by guaranteeing a reliable demand for their products. Although the initial targets for both organic farmland and organic purchases were ambitious (25% organic food consumption and 20% organic farmland by 2010), the policy has made significant progress over time. By 2016, the share of organic food in public consumption had reached 33%, above the original target, demonstrating the effectiveness of sustained public procurement efforts in increasing organic production. In 2017, a new, more ambitious version of the policy set the share of organic products in public sector food consumption at 60% and the share of organic farmland at 30% by 2030.
Empirical research on Sweden's green public procurement policy shows a strong positive correlation between increased public purchases of organic food and the expansion of organic farmland. These data highlight the essential role of integrating public procurement into direct subsidy policies in order to improve the overall impact on organic farming. The results suggest that public procurement can be a powerful tool for promoting environmental sustainability when combined with financial incentives that reduce barriers for farmers. Such integration allows the market to bear a greater share of the costs of converting to organic farming, thereby encouraging the adoption of sustainable farming practices on a larger scale.
This approach has been taken a step further by the French anti-waste law for a circular economy (AGEC) which, by promoting the principles of the circular economy, has created an obligation for public purchasers to acquire goods made from reused or recycled materials, in proportions set by type of product (between 20% and 80%). This law encourages procurement professionals to consider the entire life cycle of the products and services purchased, thus integrating a long-term sustainability dimension into public procurement decisions.
The initiatives reinforce each other by creating an overall regulatory framework for public purchasing. For example, the AGEC law and the LTECV share common circular economy objectives, while the EGALIM law and the climate and resilience law both promote purchasing practices that support the ecological transition.
In this context, the sobriety plan and the circular on the State's commitment to ecological transformation translate these legislative principles into concrete actions within the administration. They implement low-energy practices, sustainable management of resources and waste, and sustainable mobility, while emphasising the importance of green public procurement as a lever for change. These initiatives illustrate the State's commitment to be exemplary in its own management and to use its influence to encourage the market to adopt more responsible practices.
Finally, the Green Budget, which integrates environmental considerations into budget planning, ensures that resources are allocated in a way that supports these ecological transition objectives. It reflects the State's financial commitment to these priorities, by aligning public spending with climate and environmental ambitions.
All of these measures, by being interconnected and complementary, create a regulatory and operational ecosystem conducive to the ecological transition. However, the regulatory environment is characterised by a profusion of legislation and standards which, although aimed at promoting sustainable public procurement, can create complexity and risks of inconsistency for public procurers.
This multiplicity of texts can lead to difficulties of interpretation and application, making it more difficult for public purchasers to integrate environmental criteria into their procurement procedures in a relevant way. One of the challenges revealed by an analysis of this legislative framework is the many dimensions of sustainable development. Environmental considerations may touch on various areas such as biodiversity, circular economy, greenhouse gas emissions and so on. Faced with the multiplicity of these objectives, procurers may not know which dimension to prioritise in their procurement processes.
Clarifying and simplifying the regulatory framework is therefore a first step. Public procurers would benefit from the consolidation of the numerous regulations and directives into a coherent and easily accessible framework. This need for regulatory simplification could also be part of the government's current approach to drafting a ‘simplification’ action plan for businesses, one of the many measures of which is to limit the piling up of new standards, if not to be able to replace an old rule as soon as a new one appears (Ministère de l’Économie, 2024[7]). In addition to increasing the complexity for public procurers, this extremely rich regulatory landscape is likely to affect companies wishing to submit tenders because of the multitude of requirements arising from the various texts. Companies, for lack of capacity or knowledge, could then decide not to take part in invitations to tender.
Finally, the creation of unified guides or simplified benchmarks would play a major role in this approach, making information not only more accessible but also more comprehensible. This would enable purchasers to gain a better understanding of their legal obligations as well as best practice in green procurement, thereby contributing to smoother and more effective implementation of environmental policies through public procurement.
The implementation of various environmental legislation and initiatives in France has revealed a need for greater coordination among the various players in the State's procurement function and those responsible for environmental public policies. Although the common objective is to promote sustainable and environmentally friendly procurement practices, the multiplicity of regulatory frameworks and objectives can hamper effective and consistent application. Specific tools and actions to strengthen this coordination are therefore suggested.
2.2.1. A comprehensive institutional framework for State procurement
Green public procurement must combine two areas of public policy: public procurement policies and environmental policies. Given the expertise needed to define ambitious but meaningful objectives in green public procurement policies, 32 of the 35 OECD countries include a co-ordination mechanism for the design, implementation and review of green public procurement policies. In 13 of these countries, Ministries of Environment or similar bodies formally co-ordinate GPP with broader environmental policies, thereby strengthening the role of GPP in achieving environmental objectives. A further 16 countries (50%) rely instead on inter-ministerial or ad hoc working groups bringing together different stakeholders (see Figure 2.2). (OECD, 2024[4])
Note: Table shows respondents responses to two different questions: (1) ‘’Is there a coordination mechanism to ensure alignment between environmental policies and the GPP policy or strategic framework?’’ and (2) ‘’ If so, which institution is responsible for such coordination?’’ Mexico and Hungary are excluded as they indicated they did not have an active GPP framework at the time of the survey (end 2022). Hungary adopted a GPP strategy (2022-2027) in December 2022, after the closure of the data cycle for this questionnaire.
Source: (OECD, 2023[8])
France falls into the latter category, as the Commissariat Général au Développement Durable, as a cross-cutting department of the Ministry for Ecological Transition and the Interministerial Delegation for Sustainable Development, is responsible for steering the PNAD. As such, it is responsible for steering and coordinating sustainable procurement initiatives at national level, for all types of procurers.
In addition to high-level public policies, there is a growing multitude of players involved in the implementation of green public procurement. Therefore, it is important to strengthen the collaboration among all actors in order to improve the management of GPP policies. Figure 2.3 summarises the institutional landscape for environmental public procurement.
Note: The Commissariat Général au Développement Durable (General Commission for Sustainable Development or CGDD) is attached to the Ministry of Ecological Transition, and the regional state procurement platforms are attached to the Ministry of the Interior.
Source: Author
Public policies on environmental markets are decided at interministerial level, with the CGDD. However, the General Secretariat for Ecological Planning (or SGPE, under the authority of the Prime Minister) also plays a coordinating role in ecological planning. The SGPE's mission is to ensure the coherence and monitoring of environmental policies, to initiate and frame the mobilisation of ministries and stakeholders, to coordinate all negotiations and finally to measure the performance of the actions taken.
These public policies, decided at ministerial level, trickle down to a large number of players in the State's procurement function. For example, the Regional State Procurement Platforms (or PFRA) are the DAE's relay at regional level for all its missions, in particular the implementation of the State's procurement policy and the management of inter-ministerial procurement projects at regional or departmental level. Hierarchically, they are placed under the authority of the Ministry of the Interior, as they report to the regional prefect within the general secretariats for regional affairs. Similarly, the procurement function within the decentralised departments is the responsibility of the Ministerial Procurement Managers (RMA) within each ministry. Their role includes ensuring the definition and implementation of ministerial purchasing strategies within the framework of the State's purchasing policy and in compliance with inter-ministerial strategies.. (Gouvernement français, 2024[9])
The fact-finding missions carried out by the OECD have highlighted the challenges involved in understanding public policies on green public procurement. This is particularly the case for the PFRAs, which are functionally and hierarchically dependent on two different ministries, while they are responsible for implementing the important task of pooling purchases for different ministries.
Beyond an understanding of general policies, public procurement covers a wide range of sectors, from the construction and maintenance of public infrastructure to the supply of goods and services to public authorities. Each sector is governed by specific standards and objectives which may vary. This fragmentation requires a cross-sectoral approach to harmonise efforts and ensure that environmental criteria are integrated consistently across all areas.
France's environmental objectives are ambitious and diverse, covering aspects such as reducing greenhouse gas emissions, promoting circular economy, and increasing the share of renewable energies. Achieving these objectives requires not only rigorous application of existing policies and technical knowledge of climate issues, but also effective coordination to ensure that action in one area supports and does not thwart progress in another.
To overcome these challenges, the CGDD and the various institutions involved could promote further the existing tools available to those involved in the State's procurement function, such as the RAPIDD network (see Section 2.2.3 below), the green clause tool, or the tool for referencing all existing legal obligations in the area of sustainable purchasing. In this respect, a digital platform on sustainable procurement, accessible to public and private players, to raise awareness among decision-makers and strengthen the link with businesses was developed by the CGDD and launched online in November 2024. This platform could serve as an entry point to various resources, including training, guides, tools, events, communities and the SPASER repository and mapping. It could also facilitate operational support through social facilitators, green desks, and DAE advisors. This platform is therefore an interesting opportunity for purchasers who need assistance with their environmental purchases. The CGDD could also regularly measure the participation rate on this platform, particularly for procurers, and ensure that they are mobilised.
2.2.2. Overcoming structural budgetary obstacles to take greater account of environmental considerations in public procurement
A difficulty highlighted during discussions with various stakeholders is the situation where the willingness to implement GPP clashes with other public policies, in particular budgetary austerity. Policies to reduce public spending in France, as well as the compartmentalisation of budgets, may not encourage buyers to include environmental considerations, as green products are often perceived as being more expensive than conventional products. This is particularly the case at the regional level, where the smaller budgets imply that there is generally less room for manoeuvre than at central or ministerial level.
French procurers are not alone in facing this perception. An OECD survey reveals that in 22 out of 35 member countries, the perception that environmentally-friendly products are more expensive than their conventional equivalents is the main barrier to the implementation of GPP. This finding is also underlined by the ProcurCompEU survey conducted by the OECD among 555 State procurement officials, 189 of whom reported budgetary constraints in implementing green procurement.
OECD countries have adopted several approaches to address this challenge. Some countries have chosen to financially reward entities that perform well in terms of green procurement. For example, the Republic of Korea is one of the few countries that use financial incentives extensively: while high-performing local governments are rewarded with a larger budget, public institutions receive a performance bonus (see Box 2.4).
In Korea, financial incentives are provided in the form of annual bonuses to high-performing public organisations. The performance of public organisations is evaluated according to different indicators, including the use of GPP, which is measured as the percentage of green purchases over the total amount of purchases, over a year. The higher the use of GPP in public tendering, the better the score for the related indicator, and the higher the bonus for the organisation.
Moreover, according to the Act on the Promotion of Purchase of Green Products, the Korean Minister of Environment can grant environment-related subsidies to local governments that have a good record in terms of green purchases (see Article 16). In addition to that, as prescribed by Article 15, para 2 of the Presidential Decree, the government can offer financial rewards to public institutions, business operators, and other relevant organizations, that perform well in terms of green procurement, either by actually purchasing green solutions or by promoting the purchase of green products.
These incentives encourage agencies to purchase green by using the e-procurement platform, improving data completeness at the same time.
Source: (OECD, 2024[4])
Other countries have chosen to raise public procurers' awareness of the need to take into account the entire life cycle of a product in order to calculate its overall cost. Life cycle costing is a methodology often associated with GPP, which assesses the total costs associated with a specific purchase throughout its life cycle, beyond the initial purchase price. It covers all expenditure typically incurred by public bodies, such as acquisition costs (e.g. installation), operational costs (e.g. energy and water consumption), maintenance costs (e.g. periodic replacement of components) and end-of-life costs (e.g. disposal and recycling of assets). This approach demonstrates to French procurers that a green product may cost more at the time of purchase, but will cost less in the long run. Life cycle costing, for example, has enabled Norway not only to save money in the long term, but also to significantly reduce its carbon footprint when constructing a new building (see Box 2.5).
During a procurement process for a school for 840 students in the city of Oslo, the municipality had to decide whether to buy the main plot or also the extra plot next to it. Since the municipality is in charge of carrying out the design process, it developed two different options for the project and calculated the corresponding LCC costs. The alternative using only the main plot entailed building a school with six floors and play area on the roof, thus significantly increasing both the investment and operation costs of the building. The option using two main land plots presented significantly lower life cycle costs amounting to NOK 564 million (EUR 48 million). Choosing the option of buying the extra land plot also significantly decreased the carbon footprint of the building since the city of Oslo could build a more efficient building. Thanks to the LCC calculation, the political decision about buying an extra land plot was easy to make.
Source: (OECD, 2024[4])
To overcome these challenges, the DAE would benefit from implementing an awareness-raising campaign on the cost of green procurement compared to conventional procurement in order to provide confidence to procurers. This awareness-raising campaign could initially be implemented by purchasing category. Professional training on life cycle costing is also recommended.
2.2.3. Implementing digital tools to promote coordination between stakeholders
Implementing ambitious environmental policies through public procurement in France comes up against a series of operational and regulatory challenges. These challenges highlight the need for effective digital support tools and regulatory simplification to facilitate the integration of environmental criteria into public procurement.
The DAE is responsible for designing and managing the State's procurement IT system, and to this end has developed a number of applications for use by procurers and economic operators. In addition to DAE's applications, the Ministry for Ecological Transition has also launched RAPIDD, a professional platform for exchanging and sharing experiences between public procurement stakeholders in the field of sustainable procurement, with the CGDD in charge of running this network (see Figure 2.4).
Although these numerous systems were designed to help procurers in their day-to-day tasks, the fact-finding missions revealed that procurers sometimes find them unintuitive or that they sometimes find it difficult to get to grips with them. The PLACE system, for example, enables procurers to state whether their contract contains one (or more) environmental or social consideration(s), and to indicate the type (specifications, criteria or clauses). However, some procurers indicated that they did not tick this box due to a lack of knowledge, even though they had in fact included an environmental consideration in their contract. The RAPIDD network is part of international best practice in the creation of sustainable procurement networks that enable buyers to exchange experiences, best practices and lessons learned. However, despite a good membership rate (over 6,000 members at the time of writing), some buyers have pointed out that the network is little used and that many of the questions asked by members remain unanswered. (OCDE, 2024[11]) In 2016, the DAE also launched a social network for ministerial procurers, the RESPAE network. The purpose of this network is to offer a database and a platform for exchanging good sustainable procurement practices. Despite a growing number of users, some stakeholders have mentioned a need to promote this network further among procurers in order to encourage the exchange and pooling of resources.
The DAE and the Ministry for Ecological Transition would therefore benefit from promoting these networks, but also from capitalising on existing applications to promote the inclusion of environmental considerations in contracts. Some countries have opted to create a single portal for green procurement, as the value of a one-stop shop lies in the fact that practitioners no longer need to navigate multiple websites and formats to find the help or information they need. Having all the information in one place also makes it easier for users to find the right source of officially verified information, rather than relying on external sources. (European Commission, 2017[12]) The digital platform on sustainable procurement recently developed by the CGDD (see Section 2.2.3) could therefore be a starting point for the development of such a one-stop shop and could draw on the various portals developed in other OECD countries. In Malta, for example, a central website on GPP offers quick access to a brief definition of GPP and its importance in Malta; mandatory and voluntary sets of environmental criteria; the latest GPP policies and action plan guiding implementation activities; a database and procurement guidance; and a registration form for an ‘Introduction to GPP’ course. The Basque Country in Spain manages an online database of good practices in green public procurement implemented by institutions in the region. (World Bank, 2021[13])
2.2.4. Harmonising monitoring practices to provide a true picture of the extent to which environmental considerations in procurement have been met
In addition to setting targets and public policies to promote environmental considerations in procurement, monitoring the implementation of GPP against national targets is essential to ensure that public procurement contributes to the country's sustainable development objectives and the fight against climate change. In addition, regular monitoring and reporting can help identify bottlenecks that hinder the potential of GPP and limit its implementation by contracting authorities. Based on monitoring results and an in-depth analysis with procurement stakeholders, governments can improve their GPP action plans, develop targeted solutions, and provide operational support and advice where needed.
In France, there is little harmonisation of practices for monitoring the inclusion of environmental considerations in procurement. The aim of action 21 of the PNAD is to develop and promote the use of quantitative and qualitative indicators to monitor the development and impact of environmental considerations by procurers, which “will enable procurers to ensure the quality and relevance of the requirements set, while at the same time ensuring that appropriate and simplified systems are put in place”. This work should also provide an overall view of the integration of environmental considerations into public procurement. This action foresees the creation of a working group to identify these indicators, and the bodies responsible for implementing this action are the CGDD and the OECP in collaboration with various bodies such as the DAE, the ESS networks etc. This working group was formed in 2023 and the indicators are currently being developed. At the same time, other monitoring initiatives have also been set up. Within the Ministry of Ecological Transition itself, for example, there is specific reporting on the implementation of the EGALIM law, on eco-responsible public services, and carbon offsetting for mobility, but there is no specific reporting on procurement itself.
Practices for monitoring the State's green procurement vary. Monitoring is mainly carried out by the DAE, which relies on the PLACE system, where procurers can tick an ‘environmental consideration’ box when they publish their tenders. However, this system does not allow for optimal monitoring and may not give a reliable picture of the implementation of environmental considerations in procurement. For example, the fact-finding missions revealed that some procurers do not tick this box even though an environmental consideration has been included. Others, on the other hand, are likely to tick this box even though an environmental consideration has not been included. One of the potential risks of this monitoring system is therefore to underestimate the actual use of GPP. Thus, the main challenges to efficient monitoring of GPP relate to procurers' lack of knowledge about GPP, and a lack of capacity and under-staffing in some institutions, particularly in the regions.
In order to overcome these challenges, the development of tools or standard templates to help procurers monitor the implementation of GPP would be beneficial. In Ireland, for example, the Irish Environmental Protection Agency (EPA) has developed a model report on green public procurement. In addition, to ensure effective monitoring of GPP, substantial investment is required, both in terms of digital infrastructure for automated data collection and in terms of human resources. Data collection and analysis require technical capacity and expertise. (OECD, 2024[4]) Regular communication from the DAE to procurers on the use of the PLACE system and the ‘environmental consideration’ feature would ensure that the data correctly reflects the implementation of these considerations by State procurers..
In addition to the statistical monitoring carried out through the PLACE system, the DAE could also set up periodic surveys and evaluations. Carrying out regular, in-depth surveys with contracting authorities/entities that perform poorly in GPP or with companies that do not participate in tenders that include environmental considerations can provide access to information on GPP practices, perceptions and motivations, as well as barriers to implementation. In addition, it can help governments to focus on specific entities or product categories in order to assess the impact of GPP. In Canada, for example, a national survey on GPP in the public and private sectors has been carried out over several years. The annual GPP surveys have also been used to feed into the four-yearly Sustainable Procurement Barometer, which allows public and private organisations to self-evaluate and compare their performance with their peers over time (see Box 2.6). (OECD, 2024[4])
The Sustainable Procurement Barometer was first launched in 2012 by the Network of Sustainable Procurement Organizations. It is partially funded by the Canadian government, and enables Canadian contracting authorities to self-assess their sustainable procurement performance. The barometer was also implemented in 2016 and 2020.
The 2020 edition assesses the contribution of sustainable procurement to the Sustainable Development Goals (SDGs) defined by the United Nations Environment Programme, and also includes the participation of businesses. The Barometer reports on organisational practices according to five levels of maturity (low concern, commitment, progress, maturity and exemplarity) for each of the five aspects of sustainable procurement (vision, policy and governance, stakeholder engagement, operationalisation and evaluation).
A total of 142 organisations took part in the study:
26% companies ;
26% agencies and government departments (Quebec and Canada);
26% municipalities and 11% educational institutions;
20% of the organisations are members of ECPAR.
References
[5] DFØ (2023), Get started with green procurement, https://anskaffelser.no/verktoy/veiledere/kom-i-gang-med-gronne-anskaffelser (accessed on 2 July 2024).
[10] Direction des Achats de l’État (2024), Informations transmises par la Direction des Achats de l’État.
[12] European Commission (2017), Building an architecture for the Professionalisation of public procurement, https://data.europa.eu/doi/10.2873/072032.
[9] Gouvernement français (2024), Arrêté du 18 mars 2024 portant organisation de la direction des achats de l’Etat, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000049314939 (accessed on 23 April 2024).
[2] Gouvernement français (2022), Décret n° 2022-767 du 2 mai 2022 portant diverses modifications du code de la commande publique, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045733739 (accessed on 5 November 2024).
[3] Gouvernement français (2022), Plan national pour des achats durables (PNAD) 2022-2025, https://www.ecologie.gouv.fr/sites/default/files/PNAD-PAGEAPAGE-SCREEN%283%29.pdf (accessed on 25 April 2024).
[6] Lindström, H., S. Lundberg and P. Marklund (2020), “How Green Public Procurement can drive conversion of farmland: An empirical analysis of an organic food policy”, Ecological Economics, Vol. 172, p. 106622, https://doi.org/10.1016/j.ecolecon.2020.106622.
[7] Ministère de l’Économie, D. (2024), Plan d’action “Simplification !” : 50 mesures pour simplifier la vie des entreprises, https://www.entreprises.gouv.fr/fr/actualites/demarches/plan-d-action-simplification-50-mesures-pour-simplifier-la-vie-des-entreprises (accessed on 14 June 2024).
[11] OCDE (2024), OECD ProcurCompEU survey of 555 agents in the public procurement function.
[4] OECD (2024), Making the green transition happen: a compendium of good practices on Green Public Procurement.
[8] OECD (2023), Government at a Glance 2023, OECD Publishing, Paris, https://doi.org/10.1787/3d5c5d31-en.
[1] OECD (2015), OECD RECOMMENDATION OF THE COUNCIL ON PUBLIC PROCUREMENT - Directorate for Public Governance and Territorial Development, https://www.oecd.org/gov/public-procurement/OECD-Recommendation-on-Public-Procurement.pdf (accessed on 1 February 2023).
[14] Réseau d’organisations pour l’approvisionnement responsable (2020), “Baromètre 2020 de l’Achat Responsable”, https://barometre2020.org/ (accessed on 24 June 2024).
[13] World Bank (2021), Green Public Procurement : An Overview of Green Reforms in Country Procurement Systems (English), http://documents.worldbank.org/curated/en/157141636056129273/Green-Public-Procurement-An-Overview-of-Green-Reforms-in-Country-Procurement-Systems (accessed on 22 May 2024).