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Strategic procurement ASG remarks SEGPP meeting 15 june

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Critical remarks about smart procurement strategy, its risks, limitations and need for differentiation between green, social and innovation procurement. Presented at the European Commission's Stakeholder Expert Group on Public Procurement meeting in Brussels on 15 June 2016.

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Strategic procurement ASG remarks SEGPP meeting 15 june

  1. 1. Strategic Procurement: how to achieve green, social and innovation goals through public spending? – Some critical remarks Dr Albert Sanchez-Graells European Commission Stakeholder Expert Group on Public Procurement (2015-2018) 3rd meeting Brussels, 15 June 2016 15 June 2016 1SEGPP Meeting 15 June 2016
  2. 2. Strategic / Smart Procurement: a confusing label • Discussion tends to conflate issues that require different assessment • Green public procurement • Social public procurement • Innovative public procurement • Innovation in solutions • Innovation in processes SEGPP Meeting 15 June 2016 2 15 June 2016
  3. 3. What are the main differences / difficulties (I) • Two of the issues can (generally) be pursued in a competition neutral way and with respect for undistorted market competition • Green public procurement, particularly through technical specifications/labels and award criteria [but difficulties for life-cycle consting] • Procedural innovation in public procurement SEGPP Meeting 15 June 2016 3 15 June 2016
  4. 4. What are the main differences / difficulties (II) • Other two issues are (impossible) to pursue in a competition neutral manner and unavoidably result in market distortion / protectionism • Social public procurement -> social and employment benefits are necessarily localised (or impossible to delocalise) + Other instruments exist (PWD, PWED) • Procurement of technological innovation -> has a strong link with industrial policy / State aid SEGPP Meeting 15 June 2016 4 15 June 2016
  5. 5. Different solutions • From an internal market perspective, only 2 systemically-consistent solutions • GPP + Procedural Innovation: application of strict proportionality test to green or process-related innovation requirements • SPP + Technological Innovation: limitation of actions in PP that are in compliance with existing rules on social protection and support of R&D&I SEGPP Meeting 15 June 2016 5 15 June 2016
  6. 6. Further details • A Sanchez-Graells, ‘Truly competitive public procurement as a Europe 2020 lever: what role for the principle of competition in moderating horizontal policies?’ (2016) 22(2) European Public Law Journal 377-394 • A copy is circulated together with these slides, not for further circulation SEGPP Meeting 15 June 2016 6 15 June 2016

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