Introduction and overview

This chapter considers the extent to which reference to eco-labelling schemes can be used to guide the purchase of goods and services under the EC Treaty and the procurement directives. Eco-labelling refers to schemes in which products and services meeting specified high environmental standards are recognised by a standard-setting body. The products and services may then be sold on the basis that they are less harmful to the environment than rival products.

Eco-labelling standards could, in principle, be used to set either product specifications or award criteria. As chapter 1 discussed, the ECJ decisions in Concordia Bus Finland and EVN-Wienstrom appear to allow a large margin of discretion to purchasers, subject to transparency and non-discrimination principles, to pursue environmental policies through appropriate award criteria. However this does not address a more serious problem, namely the transaction costs and complexity of devising such criteria. Contracting authorities may not be expert in setting ecological standards. The costs and complexity of setting such standards on a case-by-case basis would render widespread green procurement a non-starter. The orthodox answer in procurement terms would be for authorities to refer to an international technical standard. However, there is very little international standardisation on eco-labelling for products.

By contrast, there are, however, long-standing and demanding national eco-label systems in many Member States. These would provide an accessible and credible basis for developing environmental specifications and award criteria. However, such systems reflect national traditions and values.