3. That the EU make the legislative environment more 'SPP friendly'. Contracting authorities must be allowed to require suppliers to have effective sustainability policies in place. A shift is needed from enabling the Member States to pursue SPP to requiring them to buy sustainably by increasing the amount of mandatory sectoral legislation and by requiring contracting authority to take into account the life-cycle costs associated with their purchases. 1 Non-solution: Simply relying on the goodwill of individual procurement officers or policy makers without providing training and networking opportunities on SPP and information and communication tools; leaving the regulatory burden of pushing SPP forward on the shoulders of Member States. Instruments: The Commission, including DG Devco in its procurement activities in Official Development Assistance (ODA), and other EU institutions should lead by example concerning the professionalisation of procurement officials and the creation of competence centres. The Commission should act as a catalyst for the network of competence centres, and adequate funds should be released to fund the actions recommended under solution point 1 above. The Commission, possibly together with OECD, should collect data on breaches of environmental and social rules, including those protecting human rights, and make that data available to contracting authorities. The other solutions under points 2 and 3 mainly require amendments to Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. Ad hoc rules need to be adopted to enact further sectoral mandatory legislation.1 At the beginning of 2020, in the leaked draft of Communication from the Commission on new Circular Economy Action Plan, the Commission clearly states that the EU public procurement reform 'has not led to sufficient uptake if Green Public Procurement (GPP) yet'. Therefore, the Commission will propose minimum mandatory green criteria and targets for public procurement in key sectors. See: https://www.euractiv.com/section/circulareconomy/news/leak-eus-new-circular-economy-plan-aims-to-halve-waste-by-2030/ Similarly in the recent Communication from the Commission titled: Sustainable Europe Investment Plan, European Green Deal Investment Plan (14 Jan 2020): 'The Commission will propose minimum mandatory green criteria or targets for public procurements in sectorial initiatives, EU funding or product-specific legislation. Such minimum criteria will 'de facto' set a common definition of what a 'green purchase' is, allowing collection of comparable data from public buyers, and setting the basis for assessing the impact of green public procurements. Public authorities across Europe will be encouraged to integrate green criteria and use labels in their procurements. The Commission will support these efforts with guidance, training activities and the dissemination of good practices. At the same time, life-cycle-costing methodologies should be applied by public buyers whenever possible. The Commission calls on all players, including industry, to dev...

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The new rules for public procurements and concessions were published early in 2014.The reform process laid bare the different preferences of and the consequent tensions among the different actors of legislation. The result are provisions which are innovative in many respects, even where the rationale of the law is the same, but also very complex, and at times obscure, making this area even more technical that it already was. This paper gives an introduction to the most relevant novelties in the law, at the same time, it highlights and discusses a number of issues in the law making process and problematic areas in the substantive rules enacted. The article aims not to describe all the new provisions in detail, but to analyse rather closely specific aspects in order to help understand, and interpret, EU public contract law.