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Socially Responsible Public Procurement (SRPP) under EU Law and International Agreements journal article

The GPA, CETA and the EU-Ukraine Deep and Comprehensive Free Trade Area

Abby Semple

European Procurement & Public Private Partnership Law Review, Volume 12 (2017), Issue 3, Page 293 - 309

The 2014 EU Procurement Directives contain an expanded set of provisions relating to socially responsible public procurement (SRPP). From the application of higher thresholds and ability to limit competition for certain contracts through the use of social award criteria and contract performance clauses, there are numerous possibilities for contracting authorities to take considerations related to labour law compliance, trading conditions and social inclusion into account. At the same time, the EU has expanded its international commitments in the field of public procurement through the revision of the WTO Government Procurement Agreement (GPA), the Comprehensive Economic and Trade Agreement (CETA) with Canada, and through the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) with Ukraine, Moldova and Georgia. This paper looks at the extent to which SRPP provisions have been incorporated in these agreements, finding that in a number of areas they offer a less supportive framework than the EU Directives for SRPP.

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