BBH group launches expert report on green public procurement for BDE

BBH Becker Büttner Held BBH-Gruppe

Commissioned by the Federation of the German Waste, Water and Raw Materials Management Industry (BDE), the BBH group drafted an expert report on the legally sound procurement of recycling and secondary raw materials. The report focuses on proposals to further develop the existing legal framework, for example by incorporating “green public procurement” as a new procurement principle in sec. 97 subs. 1 Act against Restraints of Competition (GWB).

The legal report shows that the Act against Restraints of Competition currently contains no obligation to consider ecological criteria when awarding public contracts and concessions. The authors therefore suggest enshrining the principle of green procurement into law and systematically taking it into account throughout all phases of public tendering procedures, from the determination of requirements to the award decision.

“So far, the Act against Restraints of Competition does not contain an obligation regarding green procurement. Our proposal creates legal certainty and turns ecological criteria into a binding element of public procurement procedures,” says lawyer Malte Müller-Wrede, partner at the BBH group. Lawyer Dr. Roman Ringwald, also partner at the BBH group, adds: “From the determination of requirements to the award decision – green criteria should be taken into account systematically throughout all phases of public tendering procedures”.

The expert report also includes amendments to the Federal Climate Change Act (KSG) and associated legislation in order to harmonise procurement law terminology as well as individual provisions for specific laws. This strengthens the legal basis for sustainable procurement.

The BBH group would like to thank lawyers Thomas Schneider and Fabio Zierl for their valuable support in drafting the expert report..

With more than 700 employees, 7,000 clients and 7 offices, the BBH group is a leading provider of advisory services to energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. The BBH group assists these and many other companies and organisations with legal, business and strategic advice.

Contact:                                                                           
Prof. Dr. Ines Zenke                                                      
Rechtsanwältin/Lawyer, Partner                                         
Phone +49 (0)30 611 28 40 - 179                                     
ines.zenke@bbh-online.de                       

Visit the BBH group online at www.die-bbh-gruppe.de, www.bbh-blog.de, x.com/BBH_online or instagram.com/die_bbh_gruppe.

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