Green Public Procurement to Become Compulsory?

The Programme for Government contains a commitment that the use of GPP criteria in all
public tenders will become compulsory for the end of the term of the Government. Yet,
there is no sign of an enabling Bill.
Does that mean the current voluntary approach that other Member States apply will
continue? The answer lies in the European Commission’s proposal to recast EU Renewable
Energy Directive (Article 7) which, once adopted, will become law in Ireland.
The key provisions covering GPP are as follows.

1. In relation to tenders valued over the EU threshold, contracting authorities must
purchase only products, services, buildings and works with high energy efficiency
performance (as defined in Annex IV to the Directive).

2. Contracting Authorities are also required to assess the feasibility of concluding long-
term energy performance contracts that provide long-term energy savings when
procuring service contracts with significant energy content.

3. Ireland will have the option to legislate to require Contracting Authorities to take
into account wider sustainability, social, environmental and circular economy
aspects in procurement practices with a view to achieving the EU’s decarbonisation
and zero pollution objectives.

4. Contracting Authorities will be required to take into account the EU’s GPP criteria
(and not just those set at national level).

5. The energy efficiency impact of above EU threshold contracts will have to be

6. In relation to new buildings larger than 2,000 square metres, the life cycle global
warming potential of the building should be published.

7. Ireland will be required to provide clear rules and guidelines, including
methodologies on the assessment of life cycle costs and environment impacts and
costs and to set up a competency support centre (EPA or OGP?).

8. Ireland will also be required to introduce legislation to facilitate Contracting
Authorities in the use of long-term (multi-annual) energy performance contracting.