Government approve new Circular regarding Green Public Procurement obligations

This week, Government has approved a new Circular aimed at increasing the implementation of Green Public Procurement (GPP) across the public sector. The Circular has been welcomed by Minister of State for Public Procurement, Digitalisation and eGovernment, Emer Higgins, and by Minister of State at the Department of Climate, Energy and the Environment with special responsibility for Circular Economy, Alan Dillon.

This Circular replaces previous guidance, issued through Circular 20/2019: Promoting the use of Environmental and Social Considerations in Public Procurement, which introduced a number of measures aimed at promoting the wider use of environmental and social considerations in public procurement, with specific regard to the Climate Action Plan 2019.

In the context of the government’s ongoing commitment to promote a circular economy, the Office of Government Procurement (OGP), which operates as part of the Department of Public Expenditure, Infrastructure, Public Service Reform and Digitalisation, was tasked with replacing Circular 20/2019 to include updated instructions to government departments and the public sector regarding new GPP obligations included in Buying Greener: Green Public Procurement Strategy and Action Plan 2024-2027.

Publication of this Circular follows the conclusion of a public consultation, which was recently undertaken by the OGP to inform the development of Ireland’s first National Public Procurement Strategy. Green, social considerations and innovation procurement, will be core themes within the new strategy, which is scheduled for recommendation to Government later this year.

The Circular has been introduced now to ensure the OGP delivers on commitments in The Programme for Government; Securing Ireland’s Future. The OGP has been tasked with playing a leadership role in embedding green public procurement across the public sector and ensuring compulsory reporting on GPP, so that progress in this area can be monitored.

The Circular includes 11 GPP actions from Buying Greener under the following themes:

• Corporate Procurement Plans
• Accelerating GPP
• The Built Environment
• GPP Training and Awareness
• GPP Monitoring and Reporting

The Circular also includes a measure encouraging public sector bodies to pay particular consideration to any potential impact on SMEs when applying GPP practices.

The Circular also:

• highlights the role that market engagement can play in creating the market conditions needed to deliver sustainable and innovative solutions. In that regard, public sector bodies are encouraged to consider undertaking preliminary market consultations prior to tendering in order to better understand matters, including the capacity of the market to deliver the sustainable solutions
• encourages public sector bodies to consider the total price of a product including purchase price, operating costs and end of life costs, particularly those associated with disposal or decommissioning
• promotes the use of central procurement arrangements as a means for public sector bodies to meet their obligation to include GPP criteria in all tender documents, where possible
• encourages public sector bodies to consider the scope for including wider sustainable considerations, including socially responsible public procurement, in their procurements. This includes taking steps to promote the participation of social enterprises and community-based organisations, particularly when implementing GPP
• encourages the use of innovation procurement as a strategic tool to find green solutions and deliver on GPP commitments

Minister Higgins welcomed the Circular, saying:

“I welcome this new Circular which was developed following extensive public sector consultation. It is vitally important that the public sector plays a leading role in promoting a circular economy and implementing Green Public Procurement is central to this.

“As well as ensuring public procurement works for our people and our planet, Government is committed to ensuring that it also works for industry, particularly our SME sector. I am delighted to see the SME Test applied to the Circular. Public sector bodies should pay particular consideration to any potential impact on SMEs when applying GPP practices.

“As we continue to develop Ireland’s first National Public Procurement Strategy, I am keen to explore further ways in which public procurement can support the delivery of wider economic, environmental and societal benefit and support Irish SMEs.”

Minister Dillon said:

“I welcome the development of a new Circular to provide updated instructions to government departments and the public sector regarding new Green Public Procurement (GPP) obligations included in Buying Greener: Green Public Procurement Strategy and Action Plan 2024-2027.

“GPP is one of the important areas that can help Ireland become a more resource-efficient and circular economy. Implementing greener procurement practices in the public sector can spur innovation and stimulate the creation and provision of more resource-efficient and less polluting goods, services and works within the marketplace.

“The development of the new Circular is a key contribution to efforts to drive the implementation of green and circular procurement practices across the public sector and in supporting Ireland’s transition to a more circular economy.”

Further information on the new GPP Circular including a frequently asked questions document is available on gov.ie/OGP.