Harnessing Public Procurement for the Green Transition

France

Framework, scope, action-plans

A National Plan for Sustainable Procurement (PNAD) has been adopted for 2022-2025. This national strategy includes all public and private purchasers, this roadmap sets common objectives and provides for the deployment of tools and support programmes for all buyers.

The National Sustainable Procurement Plan is not referenced in other national commitments or strategies. However, it aligns with the objective set by the Climate and Resilience Law of August 22, 2021, to incorporate environmental considerations into all public procurement contracts by no later than 2026.

The National Sustainable Procurement Plan aims to ensure co-ordination between various procurement strategies and the integration of environmental considerations into all public procurement contracts. Additionally, the goals of the National Plan for Sustainable Procurement (PNAD) align with recent regulatory developments in sustainable public procurement, including the Climate and Resilience Law, the AGEC Law, the EGALIM Law, and the Circular of the Prime Minister of February 25, 2020, on "Eco-Responsible Public Services."

The assessment of coherence between legislative or regulatory texts and PNAD objectives occurs at multiple levels, including annual result measurement, particularly by the Directorate of State Purchases (DAE) for state and public institutions' purchases, and government reporting to Parliament in the context of law implementation.

The General Directorate for Sustainable Development (CGDD), as a cross-cutting department of the Ministry of Ecological Transition and Territorial Cohesion, is responsible for steering the National Sustainable Procurement Plan (PNAD) 2022-2025. It co-ordinates nationwide actions on sustainable procurement across all types of buyers. Meanwhile, the State Purchasing Directorate (DAE), within the scope of the state and its public institutions, is responsible for defining, implementing, and steering responsible purchases in line with PNAD objectives. The DAE operationally integrates environmental considerations into purchasing strategies and inter-ministerial contracts it oversees. It also provides recommendations to buyers for enhancing the environmental quality of purchases and implements an accompanying training programme.

Implementation

The Climate and Resilience Law mandates public buyers to consider environmental and social aspects throughout all stages of public procurement, including defining needs, awarding contracts, and contract execution. This obligation extends to concessions and public service delegations. For major renovations and constructions in public procurement, at least 25% of them must use bio-based or low-carbon materials from 2030 onwards. The law also stipulates that by 2026, 100% of contracts must incorporate environmental considerations, and a life cycle cost calculation tool will be made available to buyers.

France has also endorsed Green Public Procurement (GPP) targets. By 2025, 100% of public procurement contracts must include at least one environmental consideration, and 30% of contracts should include at least one social consideration. In 2026, these targets will become mandatory for buyers under the Climate and Resilience Law (2021). Sector-specific goals are set for buyers in terms of purchasing products from the circular economy, acquiring clean vehicles, buying organic or high-quality products for collective catering. For State and public institution purchases, the State Purchasing Directorate (DAE) sets progressive annual targets for contracts with environmental considerations: 2022: 40%, 2023: 60%, 2024: 80%, 2025: 100%.

Regarding GPP criteria in France, there are no centrally defined ecological public procurement criteria; the guides provide examples and recommendations for their use at various stages of a procurement project. The DAE's approach is voluntary, considering that there are no "off-the-shelf" clauses and criteria, and they should be adapted to the market's context and challenges.

Measurement and impact

For State purchases in France, annual objectives are set and measured within the eProcurement system. The measurement is automatic by entity (ministries and public institutions), and the results are integrated into the annual report on State purchases submitted to the Prime Minister.

Regarding reporting methods, public entities subject to the provisions of Article 58 of the AGEC law (purchase of goods from reuse, reuse, or recycling) must submit their annual purchasing data to the Economic Observatory of Public Procurement (OECP). All public buyers submit data on responsible purchases (declarations) via the OECP.

Additionally, some contracting authorities report on the application of Sustainable and Responsible Purchasing Schemes (SPASER) or general responsible purchasing strategies developed by local authorities or other contracting authorities.

Recent developments

The French State's Purchases Department, affiliated with the Ministry of the Budget, released its third edition of the "Responsible Purchase" Guide on April 14, 2023. This guide aims to leverage public procurement contracts as a means for advancing sustainable development. It responds to amendments made in May 2022 to article R.2152-7 of the French Public Procurement Code, which mandates the consideration of environmental aspects in contract awards starting from August 21, 2026. The guide urges public purchasers to incorporate diverse environmental, sustainable, or social criteria at every stage of the tender process, from defining their needs to selecting co-contractors. It emphasises the explicit inclusion of environmental and social requirements in procurement contract documentation.