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International Construction Law Review

ENVIRONMENTAL PROVISIONS IN PUBLIC PROCUREMENT DIRECTIVE 2004/18/EC

DR H NIJHOLT

Lecturer in Private Law at the University of Maastricht, The Netherlands

1. INTRODUCTION

Area of tension

Recently, on 28 January 2004 (the European Parliament) and 2 February 2004 (the Council), agreement was reached at European level on the adoption of a new procurement Directive for public works, services and supplies.1 Not an easy task! After the usual co-decision procedure a conciliation procedure was needed to help the Council and (representatives of) The European Parliament reach a common position.2
One of the points under discussion was the use of environmental criteria in the awarding of a contract. The old procurement Directives3 did not contain any explicit references to environmental protection or considerations. Not surprisingly: when these Directives were formulated, everyone’s attention was fixed on the completion of the single market. With the Amsterdam Treaty4 the integration of environmental requirements received greater pride of place in the (procurement) policy in the acknowledgement that this integration is essential to the realisation of sustainable development.5 Since then Article 6 of the EU Treaty has stipulated that environmental protection criteria should be integrated into the formulation and implementation of the policy and actions of the Community, in particular with an eye to the promotion of sustainable development.

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