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Energy Performance Contracts for Governments: the Two Faces of Europe journal article

Steven Van Garsse, Kit Van Gestel, Nicolas Carette

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 87 - 96

In recent years, various energy-saving initiatives have been adopted at the EU level, with the goal of mitigating climate change and reducing the European Union’s dependence on external sources of energy. The Energy Efficiency Directive of 25 October 2012 is explicitly targeted at increasing the use of this tool by governments in order to achieve better energy performance. Improvements in energy performance (e.g. for buildings) often require substantial investments on the part of the government. To date, however, the manner in which this type of contracts should be treated within the budget and in light of the European System of Accounts (ESA 2010), as currently interpreted, is not very attractive. For the time being, therefore, the future of the use of EPC by governments appears less than promising. This article elaborates on the budgetary obstacles for a broad use of EPC for public buildings within the EU. Keywords: Energy Performance Contracts; Energy Efficiency Directive; Eurostat; European System of Accounts.


Techniques and Instruments for Aggregated Procurement in the New EU Directives journal article

Framework Agreements and Dynamic Purchasing Systems

Miguel Neiva de Oliveira

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 177 - 182

Among the several themes introduced by the new European directives, the present article focuses on highlighting the procedure of public procurement through Framework Agreements and Dynamic Purchasing Systems. We propose to briefly identify and discuss some important issues regarding these two instruments." Keywords: Aggregated Procurement; Special Proceeding Instruments; Substantial Modification of a Contract; Framework Agreement; Central Purchasing Bodies.