Legal framework
In the Netherlands, the European tendering procedures are laid down in the Public Contract Procurement Procedures Decree (Besluit aanbestedingsregels voor overheidsopdrachten, BAO) and the Special Sectors Tendering Decree (Besluit aanbestedingen speciale sectoren, BASS). These two decrees constitute the implementation of two EU tendering directives (2004/17/EC and 2004/18/EC).
The options available for sustainability criteria are limited by the legal framework of European procurement guidelines. A Policy Advice Group, which includes procurement lawyers from various ministries, has therefore set up a Sustainable Public Procurement legal framework based on their interpretation of the European legal framework, to assess all criteria before deciding on them. All Dutch criteria have been assessed by this Policy Advice Group. Criteria are published and can be used by purchasers in a tender only after a positive recommendation.
Social criteria
Social criteria for sustainable public procurement will focus on compliance with international labour and human rights standards in the international supply chain. A distinction is made between generic social criteria which will apply to all public procurement and additional social criteria which will apply to a few selective products. The generic criteria contain the fundamental labour standards of the ILO and human rights. Additional social criteria will be confined to occupational health and safety, decent working hours, living wage/living income or fair trade standards (i.e. prefinance and minimum guaranteed price). Since the decision of the Dutch Government in 2006 that the development of social criteria was a policy priority the subject has extensively been discussed between different ministry departments, business, NGO’s and other organisations. On October 9, 2009 the Dutch Government took a political decision on social criteria in public procurement. The decision has taken the form of a letter with appendix to the Dutch Parliament [pdf 74 kB] dated October 16, 2009. While environmental criteria will be valid for 45 product groups, social criteria will be applicable for all public procurement above the threshold of european procurement.
Maintenance and further development
Sustainability is a continuous, dynamic concept. This means that existing criteria need to be maintained and, as times passes, new criteria may be required. Several developments can lead to major or minor changes in product groups, the criteria itself or the development process. Examples are: technological developments leading to new best-available technology and changing benchmarks, changes in the market supply, new developments in public purchasing, policy developments regarding subjects like timber, climate compensation, cradle to cradle and recycling. Depending on the life cycle of the specific product group, a complete revision of the criteria is planned after a period of one to four years.
On the site you will find an overview of productgroups that are currently in an updating process.
New documents will, once formally published in Dutch, soon be translated in English and than be available on this website.
International stakeholder involvement
You can register for stakeholder meetings during which you can provide input for draft criteria (for future updates) and you can participate in written consultation rounds on the draft criteria. However, the language in all documents will be Dutch. During the meetings, Dutch will be spoken, but you may speak English if necessary. You can register as a stakeholder by sending an email to stakeholder DI@agentschapnl.nl. Please state the product groups you are interested in and the name of the organisation you represent. You will be informed of the dates of stakeholder meetings or other relevant information regarding the product groups you have indicated.
You can also send information (either in Dutch or English) relevant to the development of criteria per product group to stakeholder DI@agentschapnl.nl
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