Harnessing Public Procurement for the Green Transition

Romania

Framework, scope, action-plans

The regulatory framework for public procurement1 sets out the mandatory requirement for all contracting authorities and contracting entities, across all levels of government, for GPP. In addition to that, the country has a specific primary legislation on GPP since 2016 (Law no. 69/2016) and a Guide for implementation has been approved by Order of the Ministry of Environment, Water and Forests together with the National Agency for Public Procurement no.1068/1652/2018.

Implementation

The Law no. 69/2016 on Green Public Procurement that establishes the legal framework for conducting green public procurement in Romania and the Guide for its implementation includes the minimum requirements regarding environmental protection for certain groups of products and services that are requested at the level of technical specifications. The groups of products and services selected in the guide are the following:

1. Copy and graphic paper

2. New indoor and outdoor furniture, furniture renovation/reconditioning services and furniture collection and reuse of furniture stocks at the end of life cycle services

3. Food supply and catering services

4. Vehicles for transport

5. Cleaning products and services

6. IT office equipment

Measurement and impacts

Public organisations are not required to report on the GPP plans, the use of green criteria in public tenders, nor on their performance in terms of CO₂ emissions.

Recent developments

The National Strategy in the field of Public Procurement (NSPP) 2023–2027 was approved by the Government Decision no. 554/12.06.20232 and it is currently being implemented. The Strategy is a public policy document that includes the Government's objectives regarding the continuation of the reform of the public procurement system in the timeframe 2023 – 2027. The document aims to build a more performant public procurement system oriented towards innovation and sustainability. This new strategy has in view public procurement as a strategic tool that can contribute to the resilience and economic recovery of Romania, including by ensuring social, environmental and innovative benefits.

Under the first specific objective of the NSPP 2023-2027 (OS1-Using public procurement as a strategic tool, including ensuring SME access to public procurement markets and ensuring social, environmental and innovation benefits), the action plan of the Strategy provides a number of specific actions related to GPP. Therefore, the following actions aim to actively promote GPP in Romania:

• Action A11 - Amending and supplementing the legislation in the field of public procurement with specific provisions for green public procurement

• Action A12 - Development and adoption of the National Green Procurement Plan

• Action A13 - Establishing indicators regarding the environmental impact of the most frequently purchased products, services and works, together with establishing targets for achieving these indicators, based on the existing legal framework

Moreover, NSPP 2023-2027 includes complementary measures that would improve GPP adoption in Romania, most of them focused on training the public procurement professionals in the field of public procurement. Some examples are:

• Action A1 - Establishing a competence center in the field of sustainable public procurement and innovation within NAPP

• Action A2 - Updating the Online Guide managed by NAPP with sections/aspects regarding green, socially responsible and innovative public procurement

• Action A3 - Elaboration and implementation of a regular programme of conferences and seminars, with the direct involvement of the academic environment in these activities

• Action A4 - Providing support to the centralised procurement units (CPU) in carrying out strategic centralised procurement procedures in sectors of interest through the NAPP Expertise Center and disseminating good practices regarding sustainable public procurement and innovation identified at the CPU level

• Action A6 - Development and implementation of a guide and a training module on sustainable public procurement and innovation addressed to senior management within contracting authorities

• Action A7 - Providing training sessions to controlling institutions in the field of public procurement

• Action A8 - Carrying out a survey aiming to identify the conditions/needs that contribute to the accomplishment of strategic public procurement by public authorities

Law no.69/2016 regarding green public procurement was repealed by Emergency Goverment Ordinance no. 3/29.01.2024. The primary and secondary legislation on public procurement have been completed with provisions regarding the use of mandatory environmental criteria for some categories of products that have an impact on the environment, during the entire life cycle.

Furthermore, the Guide for implementation approved by Order of the Ministry of Environment, Water and Forests together with the National Agency for Public Procurement no.1068/1652/2018, has been repealed and replaced by Order of National Agency for Public Procurement no.2395/2023 for the approval of the ecological criteria applicable to product categories that have an impact on the environment during the entire life cycle, provided in annex no. 2 to the Methodological Norms. The guide provides minimum ecological criteria for 11 groups of products, as following:

• Computers, monitors, tablets, smartphones;

• Copy paper and graphic paper

• Image processing equipment, consumables for processing equipment a IMAGE

• Furniture

• Interior cleaning products

• Textile products

• Electrical and electronic equipment used in the healthcare sector

• Products for arranging green public spaces

• Thermal power plants with water

• Road lighting and road signaling systems

• Vehicles for road transport