CATALOGUE OF GREEN PUBLIC PROCUREMENT-RELATED PROVISIONS THAT GPA PARTIES HAVE INCORPORATED IN CENTRAL LEVEL DOMESTIC LAWS AND POLICIES
Last updated on 25/11/2024
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Name of and link to central level domestic law or policy related to GPP |
GPA Party |
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Environmentally Sustainable Procurement Policy Sustainable Procurement Guide (to support Commonwealth Procurement Rules value for money requirements) |
Australia |
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Policy on Green Procurement https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32573 Appendix A: Standard on the Disclosure of Greenhouse Gas Emissions and the Setting of Reduction Targets https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32743 Appendix B: Standard on Embodied Carbon in Construction https://www.tbs-sct.canada.ca/pol/doc-eng.aspx?id=32742 Greening Government Strategy |
Canada |
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Directive 2014/23/EU on the award of concession contracts: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0023 Directive 2014/24/EU on Public Procurement: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0024 Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0025 Regulation (EU) 2018/1046 on the financial rules applicable to the general budget of the Union: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018R1046 Circular Economy Action Plan: https://ec.europa.eu/environment/strategy/circular-economy-action-plan_en Ecodesign for Sustainable Products Regulation (ESPR): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32024R1781&qid=1719580391746 Net Zero Industry Act Regulation (NZIA): https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L_202401735 Energy Efficiency Directive: Directive - 2023/1791 - EN - EUR-Lex (europa.eu) Buying Green! A Handbook on Green Public Procurement |
European Union |
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Green Procurement in the Government https://www.eeb.gov.hk/en/susdev/green_procure/green_procure.html |
Hong Kong, China |
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Act on Promotion of Procurement of Eco-Friendly Goods and Services by the State and Other Entities (Act on Promoting Green Procurement) https://www.env.go.jp/en/laws/policy/green/index.html Act on Promotion of Contracts of the State and Other Entities, which show Consideration for Reduction of Emissions of Greenhouse Gases, etc. (Green Contract Act) |
Japan |
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Law on Public Procurement (in particular Art. 20a on clean road transport vehicles, Art. 44 on contract award criteria and Art. 44a on life-cycle costing) Law on Public Procurement in the Field of Sectors (in particular Art. 32a on clean road transport vehicles, Art. 56 on contract award criteria and Art. 56a on life-cycle costing). |
Liechtenstein |
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Carbon neutral government programme (national programme for accelerating emissions reduction within the public sector) Carbon Neutral Government Programme | Ministry for the Environment Government procurement principles (Principle 4) Government procurement principles | New Zealand Government Procurement Government Procurement Charter (paragraph 2) Government Procurement Charter | New Zealand Government Procurement Government Procurement Rules (Rules 16 and 20) Government Procurement Rules | New Zealand Government Procurement Good practice guidance Reducing emissions and waste | New Zealand Government Procurement |
New Zealand |
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GreenGov.SG Initiative https://www.greenplan.gov.sg/key-focus-areas/green-government/ |
Singapore |
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Stratégie pour le développement durable 2030 (par. 6) https://www.are.admin.ch/are/fr/home/developpement-durable/strategie/sdd.html Durabilité des marchés publics (Conférence des achats de la Confédération) https://www.bkb.admin.ch/fr/durabilite-des-marches-publics Construction et gestion immobilière durable (Conférence de coordination des services de la construction et des immeubles des maîtres d'ouvrage publics) https://www.kbob.admin.ch/kbob/fr/home/themen-leistungen/nachhaltiges-bauen.html Achats publics écologiques (Office fédéral de l’environnement) https://www.kbob.admin.ch/kbob/fr/home/themen-leistungen/nachhaltiges-immobilienmanagement.html Plateforme de connaissances sur les achats publics responsables PAP |
Switzerland |
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Resource Recycling Act: Article 22 https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=O0050049 Regulations for Priority Procurement of Eco-Products https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030084 Regulations for Evaluation of the Most Advantageous Tender: Subparagraph 1 of Article 5 https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030080 |
Chinese Taipei |
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Procurement Policy Note 06/21: Taking account of Carbon Reduction Plans in the procurement of major government contracts Procurement Policy Note 01/24 Carbon Reduction Contract Schedule https://www.gov.uk/government/publications/ppn-0124-carbon-reduction-contract-schedule Climate Change (Scotland) Act 2009 - see 46 https://www.legislation.gov.uk/asp/2009/12/introduction/enacted And Climate Change (Duties of Public Bodies: Reporting Requirements) (Scotland) Order 2015 https://www.legislation.gov.uk/ssi/2015/347/contents/made Procurement Reform (Scotland) Act 2014 – see 8 and 9 - sustainable procurement duty https://www.legislation.gov.uk/asp/2014/12/contents Scottish Procurement Policy Note 3/2022 – Public procurement – taking account of climate and circular economy considerations |
United Kingdom |
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Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Procurement (E.O. 14057): Federal Sustainability Plan: https://www.sustainability.gov/federalsustainabilityplan/index.html Federal Buy Clean Initiative: https://www.sustainability.gov/buyclean/ Executive Order on Climate Related Financial Risk (E.O. 14030): Federal Supplier Climate Risks: https://www.sustainability.gov/federalsustainabilityplan/fed-supplier-rule.html Environmental Protection Agency (EPA) Environmentally Preferable Purchasing Program: https://www.epa.gov/greenerproducts Federal Green Procurement Compilation: |
United States of America |
CATALOGUE OF GREEN PUBLIC PROCUREMENT-RELATED PROVISIONS THAT GPA PARTIES HAVE INCORPORATED IN INTERNATIONAL INSTRUMENTS
Last updated on 25/11/2024
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Name of International Instrument |
GPP-related Provisions |
GPA Party |
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Article III Security and General Exceptions […] 2. Subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between Parties where the same conditions prevail or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent any Party from imposing or enforcing measures: […] b) necessary to protect human, animal or plant life or health; |
Armenia |
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Article X Technical Specifications and Tender Documentation […] 6. For greater certainty, a Party, including its procuring entities, may, in accordance with this Article, prepare, adopt or apply technical specifications to promote the conservation of natural resources or protect the environment. […] 9. The evaluation criteria set out in the notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics and terms of delivery. […] |
The following international instruments (including FTAs) contain similar provisions to the above WTO GPA provisions, with some variations. [1] One variation, adopted under a number of instruments, is an additional sub-paragraph with regard to exceptions, along the following lines: "The Parties understand that subparagraph 1(b) includes environmental measures necessary to protect human, animal or plant life or health" (e.g. CPTPP Article 15.3.2).
Beyond the international instruments with provisions similar to the GPA 2012, GPA Parties have also included GPP-related language—though less closely aligned with the GPA 2012—in the following international instruments.
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Name of International Instrument |
GPP-related Provisions |
GPA Party |
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Australia-New Zealand-ASEAN FTA (Upgrade – Not yet in force) (Chapter 17 – Government Procurement) |
Article 6 Environmentally Sustainable Procurement The Parties recognise that government procurement can contribute to environmental sustainability. Accordingly, the Parties shall endeavour to incorporate environmentally sustainable procurement policies and practices to the extent possible and as appropriate. |
Australia, New Zealand, Singapore |
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[Short Extract] Purpose and Outcomes Recognising the role of government procurement in achieving environmental goals, and in catalysing green growth within economies, Singapore and Australia have jointly determined a set of non-binding principles and areas of cooperation. |
Australia, Singapore |
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Article 16.17 Environmental, Social and Labour Considerations A Party, including its procuring entities, may: (a) take into account environmental, social and labour considerations throughout the procurement procedure, provided they are: (i) based on objectively verifiable criteria; (ii) non-discriminatory; and (iii) indicated in the notice of intended procurement or tender documentation; and (b) take appropriate measures to ensure compliance with its obligations in the fields of environmental, social and labour law, provided they are non-discriminatory. |
Australia, United Kingdom |
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AND |
12. Government Procurement CETA maintains the ability of procuring entities within the European Union and its Member States and Canada, in accordance with their respective legislation, to use environmental, social and labour-related criteria, such as the obligation to comply with and adhere to collective agreements, in procurement tenders. Canada and the European Union and its Member States will be able to use such criteria in their procurement in a way that is not discriminatory and does not constitute an unnecessary obstacle to international trade. They will be able to continue to do so under CETA. 12. Government Procurement The TCA maintains the ability of procuring entities within the United Kingdom and Canada, in accordance with their respective legislation, to use environmental, social and labour-related criteria, such as the obligation to comply with and adhere to collective agreements, in procurement tenders. Canada and the United Kingdom will be able to use such criteria in their procurement in a way that is not discriminatory and does not constitute an unnecessary obstacle to international trade. They will be able to continue to do so under the TCA. |
Canada, European Union, United Kingdom |
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Canada-Ukraine Free Trade Agreement 2023 (Chapter 11 – Government Procurement) |
Article 11.2 Environmental, Socio-Economic, and Labour-related Considerations 1. The Parties recognize the role of government procurement in: (a) advancing environmental and climate change objectives, including those set out in the Paris Agreement, done in Paris on 12 December 2015; […] 2. For greater certainty, a Party, including its procuring entities, may take into account environmental, socio-economic, or labour-related considerations in the procurement process, including through conditions for participation, technical specifications, or evaluation criteria, provided that those considerations are consistent with Article IV(1) and (2) of the GPA 2012 and do not constitute an unnecessary obstacle to international trade. |
Canada, Ukraine |
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EFTA-Moldova Free Trade Agreement (Chapter 7 – Government Procurement) |
Article 7.3 Sustainable Public Procurement 1. The Parties recognise the importance of promoting sustainable public procurement in its economic, environmental and social dimensions to contribute to the proper functioning of competition and sustainable economic growth. 2. Each Party shall allow procuring entities to take into account environmental, labour and social considerations throughout the procurement procedure, provided they are non-discriminatory and are not applied in a discriminatory manner. 3. Each Party shall take appropriate measures to ensure compliance with its obligations under environmental, social and labour laws and regulations, including those established under Chapter 9 (Trade and Sustainable Development). |
Iceland, Liechtenstein, Republic of Moldova, Norway, Switzerland |
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European Union-Japan Economic Partnership Agreement (GPA Parties: European Union, Japan) AND (GPA Parties: Japan, United Kingdom) |
Article 10.8 Technical Specifications If a procuring entity applies environment-friendly technical specifications as set out for environmental labels or as defined by relevant laws and regulations in force within the European Union or Japan, each Party shall ensure that those specifications are: (a) appropriate to define the characteristics of the goods or services that are the object of the contract; (b) based on objectively verifiable and non-discriminatory criteria; and (c) accessible to all interested suppliers. |
European Union, Japan, United Kingdom |
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Article 10.10 Environmental Conditions Procuring entities may lay down environmental conditions relating to the performance of a procurement, provided that those conditions are compatible with the rules established by this Chapter and are indicated in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation. |
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European Union-Singapore Free Trade Agreement (Chapter 9 – Government Procurement) |
Article 9.9 Technical Specifications 6. For greater certainty, each Party, including its procuring entities, may, in accordance with this Article, prepare, adopt, or apply technical specifications to promote the conservation of natural resources or protect the environment. 7. Where procuring entities lay down environmental characteristics in terms of performance or functional requirement, as referred to in paragraph 2(a), they may consider using the detailed specification or, if necessary, parts thereof, as defined by eco-labels existing within the Union and green labels existing in Singapore, provided that: (a) those specifications are appropriate to define the characteristics of the supplies or services that are the object of the contract; (b) the requirements of the label are drawn up on the basis of scientific information; and (c) those specifications are accessible to all interested parties […] 10. Procuring entities may lay down environmental conditions relating to the performance of a procurement, provided that these are compatible with the rules established by this Chapter and are indicated in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation. 11. The evaluation criteria set out in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation may include, among others, price and other cost factors, quality, technical merit, environmental characteristics, and terms of delivery. |
European Union, Singapore |
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Article 285 Environmental, Social and Labour Considerations Each Party shall ensure that its procuring entities may take into account environmental, labour and social considerations throughout the procurement procedure, provided that those considerations are compatible with the rules established by Chapters 1 and 2 and are indicated in the notice of intended procurement or in another notice used as a notice of intended procurement or tender documentation. |
European Union, United Kingdom |
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Article 6.11 Environmental, Social and Labour Considerations Each Party shall: (a) allow procuring entities to take into account environmental, labour and social considerations throughout the procurement procedure, provided they are non-discriminatory and are not applied in a discriminatory manner; and (b) take appropriate measures to ensure compliance with its obligations under environmental, social and labour law, including those established under Chapter 13 (Trade and Sustainable Development). |
Iceland, Liechtenstein, Norway, United Kingdom |
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Article 8 Advancing Low-Greenhouse-Gas Emissions and Solutions in Industries 2. Each Party intends to promote means to generate greater demand for low- and zero-emission materials, technologies, and solutions in industries, which may include incentives or central government procurement. |
Australia, Japan, Republic of Korea, New Zealand, Singapore, United States of America |
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Article 9 Advancing Low- and Zero-Greenhouse-Gas Technologies and Solutions in Rail and Road Transport 8. In that context […] the Parties intend to consider developing enabling policies, which may include the use of incentives, government procurement goals, or goals from production or sales […] 10. The Parties recognize the role of central government procurement in reducing government fleet emissions, including through significantly increasing acquisitions of zero-emission new passenger vehicles. |
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Article 15 Strengthening Demand-Side Measures 2. The Parties recognize the critical role of the public and private sectors in relation to demand for low- or zero-emission goods and services. The Parties intend to position the region to take advantage of the growing economic opportunities of low- or zero-greenhouse gas production capabilities. These efforts may include, as appropriate: (c)(i) promoting transparent central government procurement of low- or zero-emission products; |
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Article 20 Promoting Decent Work 4. The Parties intend to cooperate to eliminate forced labor […] [S]uch cooperation may include […] procurement procedures […] |
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Article 16.10 Environmental, Social and Labour Considerations A Party, including its procuring entities, may: (a) take into account environmental, social, and labour considerations at any stage of a procurement, provided they are non-discriminatory and are indicated in the notice of intended procurement or tender documentation; and (b) take appropriate measures to ensure compliance with its environmental, social, and labour law, international obligations, including under Chapter 22 (Environment) and Chapter 23 (Trade and Labour), and standards of conduct, ethics, and integrity, provided they are non-discriminatory. |
New Zealand, United Kingdom |