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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.

Sustainable Development and Smart Technological Innovation within the Public-Private Partnerships (PPPs): the Strategic Use of Public Procurement journal article

Marco Ceruti

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 2, Page 183 - 191

It is interesting to note the progressive strategic value assumed by public procurement contracts, which, given the huge amount of demand they convey, can exert a great influence on the supply side. The claims of cost-effectiveness and efficiency of the single market have gradually had to acknowledge the inclusion of social and environmental issues in the awarding procedures of public contracts in order to adapt to sustainable development and smart technological innovation. The Public-Private Partnership (PPP) is suitable for such an operation adopting the philosophy of maximum flexibility and learning-by-doing, in an environment of public-private collaboration which may go as far as to encompass the population. Keywords: Sustainable Procurement and PPP; Innovation; Environment; Risk Allocation.