By Henrik Riisgaard, M.Sc. in Planning Aalborg University Fibigerstraede 13, DK-9220 Aalborg O, Denmark henrik@i4.auc.dk Public Procurement: greening and groping - The Danish Progress Summary EU's 5th Environmental Action Programme emphasized consumers’ responsibility in relation to the environment. One major consumer group is the public sector. The importance of public institution’s behaviour is even larger than their share of consumption because they are expected to behave as good examples to be followed by other consumer groups. This paper examines public green procurement1 in Denmark. After a general introduction, the research focuses at the municipal level. Based on previous research and a full-scale survey issues like extent, product groups, reasons, information needs and faced problems are examined. This and other research show rising attention to, and activity in green procurement but also a lack of reliable concrete advise and policy support. Some policy implications are given. Introduction The EU’s 5th Environmental Action Plan from 1992 differs fundamentally from the previous plans. What was earlier regarded as environmental problems became with this plan issues and symptoms. The real problems causing environmental loss and damage are now seen as the present patterns of consumption and behaviour of man. Not only the cause of, but also the solutions to environmental problems became connected with consumer choice. To change patterns of consumption in a more sustainable direction, the EU launched an Ecolabel in 1992 to guide individual consumers. But individual consumers are not responsible for all consumption. Public procurement within the EU for which tenders were invited was in 1991 estimated to ECU 350 billion per year (Danish Ministry of Environment and Energy (DEPA), 1995). Adding to this the three new member countries and considering the sum of minor purchases for which no tenders are invited, the public sector in the EU becomes itself an immense consumer group. In 1993, the European Commission adopted an internal communication on how to ensure better integration of environmental protection into other policy areas within the Commission. The communication addressed the issue of establishing a code of conduct on the 1 Commission’s own operations including procurement policies. Since then, however, initiatives from the EU have been lacking with only one exception - a shift towards recycled paper. Important issues that has not been altered are the EU directives regarding public tendering. They do still not comment on environmental issues. (Oosterhuis, 1994). National authorities are left without guidance on to what extent preference can be given to e.g. ecolabelled products. It is especially unclear to what extent the ordering part can set environmental criteria for the production processes and thereby include a life-cycle perspective in the procurement policy (DEPA 1995). Now, after years delay, the Commission has started looking seriously at greening own operations following a strategy decided upon last December. (Groenendal, 1996) Another EU initiative was made by the Directorate General XII who commissioned a joint Dutch-German research project on "product policy in support of environment policy". After a broad inventory of product policy throughout the EU, public procurement was selected as one of two case studies to be evaluated in depth (van der Grijp, 1995). The Danish experience with Green Public Procurement In Denmark, the environmental responsibility of public purchasers has been specified since 1991. Section 6 in the Danish Environmental Protection Act states that “Public authorities must [...] in connection with procurement and consumption, endeavour to promote the objectives of this Act”. So far, section 6 had no obligatory character but this is changing. The purpose of public green procurement is twofold (i) (ii) To reduce the direct impact on the environment To encourage society in general to use products and methods of production favourable to the environment In 1991 the Danish Environmental Protection Agency published its first strategy directed specifically at greening public procurement. The strategy paper estimated the total annual amount of public procurement in Denmark to be 5 billion ECU of which the 2.5 billion is procured for the state (including military, railways, etc.). The municipalities' and counties' annual procurement amount to ECU 2 billion and 0.6 billion respectively. In some product categories (e.g. photocopiers or computer prints) the public procurement is purchasing 20 per cent of total Danish consumption. An important part of the 1991 strategy was the financing of experimental projects, information collection and environmental product assessments. EPA feasibility studies found that lack of information was the most important barrier to green procurement whereas technical and economic problems were minor barriers. In general, the purchaser was often found to be insufficiently informed as to what criteria are important in evaluating the environmental impact of a product. To help solving the information problem, DEPA published reports, brochures and a general procurement manual. In 1994 an action plan for sustainable public procurement policy was launched by the Ministry of Environment and Energy. The key word of this plan is large-scale 2 implementation. Based on the experiences of the last four years, specific product groups were selected. These product groups should be products where public procurement is important, both in terms of economic volume, environmental effect and share of total consumption. A further selection criteria for product groups was visibility. The use of these selection criteria resulted in totally 15 product groups. At state level procurement, 12 specific products groups were appointed: office machines, computing equipment, office furniture, cleaning agents, paints, canteen cutlery and crockery, lighting, transportation, organic food, copy paper and electric cables. Municipalities were proposed to assign special priority to furniture and equipment, working garments, and transport materials, but DEPA suggested that the state targets could also be relevant to the municipalities. On county level only one supplementary product group was appointed, namely hospital equipment. In all of the 15 target areas, environmental assessments have been made to enable the purchasers to set environmental criteria and ask questions to the manufacturer - in other words to close the information gap. The assessment method used the method of the EU eco-labelling as starting point. This means that the few EU eco-labelled products consider similar environmental issues as proposed for the 15 product groups. Also products labelled with the Nordic swan are considered to fulfil similar environmental criteria. The difference to the labelling criteria is that the DEPA assessments do not specify exact thresholds for the key parameters - this is left to the deciding purchaser. It is also stressed that purchasers should not await environmental labels in all product categories but should start setting their own priorities and demand and consider environmental information from the producers. Although 15 product groups have been identified, DEPA recommends public purchasers to start with only a few to get fast visible results and to get experiences than can be useful for wider implementation. The actions in the implementation phase included invitations to 2.000 state-level purchasers for seminars and preparation of data sheets on target products. Another important step in the direction of implementation was a circular of 1995, where the Minister of Environment and Energy forced state institutions and state-owned or statecontrolled companies to: formulate an environmental conscious procurement policy; draft an action plan for its implementation; nominate a person responsible for the implementation of the action plan; maintain on-going documentation of the results achieved and report to DEPA once a year. The role of state institutions are emphasised throughout the action plan. Implementation on this level compared to municipalities is expected to be easier, partly due to the fact that a considerable share is purchased through the former State Directorate of Procurement. The directorate has been changed into a company, Indkøbs Service, and former obligations to procure through it are now removed. But many state institutions still use the same company 3 which enables elaboration of central green framework agreements which is supported by DEPA. Though the company has invited municipalities to join its framework agreements, only a very limited part of municipal procurement is made through this central channel. The DEPA support for green framework agreements has thus little impact on the municipalities. The state emphasis should also be seen in the light of DEPA studies that proved it to be extremely resource demanding for municipalities to obtain environmental data and to carry out analysis on them. As the largest problems are expected to occur in the municipalities combined with the fact that the municipalities are purchasing most of the products with the potential of affecting individual consumers, a closer look at this target audience seems interesting. Danish Municipalities Denmark has 275 municipalities that are very different in size. Copenhagen Municipality is the largest with 471.000 citizens and Laesoe the smallest with only 2.300 inhabitants. Most municipalities have between 5-20.000 inhabitants. Denmark has a system of municipal self-government. Each municipality levies taxes and elects municipal councillors to administer these revenues. The municipal responsibility is very far-reaching as they are responsible not only for roads, sewage systems and electricity but also schools, libraries, social services and cultural activities. Denmark has one of the most decentralized systems of public administration in Europe. The basic principle is that tasks should be undertaken as close to the citizens as possible. Local authorities administer more than 50 % of public expenditure giving Denmark the most decentralised government in Europe (National Association of Local Authorities, 1995). Today, a further decentralization is taking place inside the municipalities. The elected local councils who are still having the political and the financial responsibility are now handing more influence and decision making processes to employees and citizens at the individual level (e.g. user committees). This principle of delegation of authority is based on confidence in new, better and more economical solutions to the municipal tasks when the decisions are taken directly by the person(s) involved. The delegation of authority can also be seen as a reaction to the citizens’ demand for influence and local democracy. It is the municipal council of politicians who decides which administrative departments it will establish and which tasks these should have. Keywords for the development of the local authorities are now: simplification, decentralization and extended dialogue (Norup, 1995). The municipal procurement is, as a consequence of municipal self-government, organized in many different ways. Some local authorities have no procurement organization but leave it to the individual institutions to purchase while others have a central office through which all purchases are made. In between there are numerous combinations making it difficult to talk of one model of municipal procurement. 4 Survey of municipal green procurement The following survey was designed as a combination of a 4-page questionnaire, key interviews and document research. The questionnaires were sent out in June 1995 attended to the purchase responsible in all 275 municipalities. After three weeks a reminder was sent out. The same procedure was used in a comparable 1991 survey made for DEPA (partly published in DEPA 1992). The aim of the survey was to see recent development in and status of green procurement from the purchaser view. The answers in the returned questionnaires were built in to a database and cross tabulated with other databases (based on Mikkelsen, 1995) on political composition of the municipal councils, populations and areas. The results of the survey should only be seen as indicators and not as the exact state of municipal green procurement in Denmark. One important biasing factor explains this reservation. The survey is based on self-reported behaviour and in self-reporting surveys there was found a tendency that respondents will overestimate their efforts (e.g. Thøgersen, 1995). Table 1: Selected indicators of progress in green procurement in numbers of Danish municipalities (N=275). 1991 1995 returned the questionnaire 89 135 has adopted environmental considerations in written procurement policy are considering environmental aspects of purchase without having a written policy are planning to incorporate environmental aspects into purchase have demanded greener products from the suppliers have in some cases changed supplier to satisfy a wish for greener products 4 19 57 79 12 87 24 47 16 23 The table shows a rise in activities. The number of returned questionnaires is in itself interesting. The municipalities answering the reminding questionnaire instead of the original one were found to be less active. Direct inquiries to non-responding municipalities showed that these were even less involved. This suggest that the number of returning questionnaires is itself an indicator of increased interest in public green procurement. It also implies that expressions in percentage of returned questionnaires is a biased picture of reality. The municipalities working actively in the field of green purchasing were asked what inspired them to start. The three most mentioned incentives were: (i) (ii) (iii) the municipality wants to set a good example employees wanting greener products users (citizens and companies) wanting greener products The municipalities want to put their own house in order before telling the users how to behave in a more sustainable way. Less important seemed the pressure and information from DEPA as DEPA publications and the change of section 6 in the law ranked as only 5th and 6th most important driving force. 5 Obviously, the original strategy of putting central pressure on the municipalities to show the citizens how to purchase is not the only initiator working. The top-down strategy is complemented with pressure from the bottom, from individuals, and, more importantly, this pressure is regarded as more influential. This conclusion is supported by a German evaluation of municipal green procurement (Umweltbundesamt, 1993) finding that incentives more often came from committed staff than from the political level. Size As could be anticipated, there was a tendency that the smallest municipalities did not answer the questions. The mean size of the municipalities returning the questionnaire was larger than the Danish average, and the mean size of municipalities having written environmental considerations into procurement policy were even larger. However, a large size is not a necessity as exceptions have shown. There seems to be no geographical tendencies. Organization Half of the responding municipalities have written procurement policies. About one third of the responding municipalities expresses not to have a separate chief purchaser. This share is probably even larger among the non-respondents as they are smaller. Two thirds of all municipalities are subscribers to Indkøbs Service but as the total 1994 turnover of the company was only 100 Million ECU and the main purchasers were state institutions, not even 1 per cent of municipal purchase is made in this central way. Using the central framework agreements as a point of departure, the larger municipalities are able to make better deals themselves. In the municipalities where green procurement is made (indicator 2 and 3 in the table), this is often just one part of a larger environmental commitment. Environmental management is one of such larger frames. Some 30 municipalities are now actively working with this, either in all municipal activities or in some institutions. Some 25 are planning to follow (Anderson, 1996). So far, no Danish municipality applied for certification according to EU's Environmental Management and Audit Scheme (EMAS) and public administrations are not yet admitted, according to the Danish EMAS-competent body (Traberg, 1996). In other countries, the target audience of the EMAS regulation is interpreted differently by the competent body and municipalities have been certified (e.g. in the UK). Local agenda 21 is another umbrella where green procurement in some cases has been part. Specific product groups Most of the active municipalities are concentrating their efforts on less than 5 product categories. Of the 15 EPA-appointed target products the by far most used are: computer equipment, paper, cleaning agents, and lighting. At the other end, asking for sustainable working garment seems almost unknown. The purchasers were furthermore asked to tick off which of six named reasons had been used for which of the 15 product groups. The three most often used reasons for selecting green products were: environmental benefits, the prospect of saving money and the existence of detailed documentation of environmental conditions. The environmental benefits argument was applied to most products. The saving reason was given mostly to four target groups: lighting, computer equipment, office machines and cleaning agents. Detailed documentation 6 was used as an argument especially for the purchase of more sustainable paper and cleaning agents. The least used reason was that "EPA has in its brochures recommended criteria for this product category". In a few cases the green procurement was not directed at greener products but at greener companies who could prove their environmental intentions and activities by means of a certified environmental management system. Information The municipalities use in average between 3 and 4 sources of information on green products. The most often mentioned (by 101) source of information is catalogues from suppliers. When asked which manuals they use, only 7 mention the new procurement manual co-written by DEPA. The Manual had one month earlier been sent to all municipalities in 3 copies. The information problems seem to be severe. In one fifth of the returning questionnaires, the purchaser has ticked off a lack of information to be a general problem. But four times as many find it difficult to assess the information when judging which alternative is more sustainable. Where the information problem used to be a lack of information it has become a flooding problem with lots of uncontrolled information from suppliers claiming environmental superiority. For the local purchaser in a small decentralised municipality it seems impossible to assess the information. The guidance from the DEPA is on which questions to ask but not on how to judge the answers. Impact on Industry It is difficult to analyze the industrial impact of this scheme, understood as development of less damaging products or a larger appliance of existing "green" products. First of all green procurement is not registered separately. Secondly, it is to early to see the real potential of the instrument. There are, however, indicators of a large potential. For instance, an environmental consultant at the Danish Association of the Graphic Industry states (Høiseth, 1995): "This is the strongest tool to environmental improvements ever used in this industry". He is referring to a specification for off-set printing used by the Ministry of the Environment before making contracts. This specification and especially the prospect of its wider application is simply the best argument for promoting environmental management in this industry. A recent survey (Kvalitetsgruppen, 1995) shoved that 59 per cent of businesses in this industry expect increased green demand by their customers. Foreign studies show similar potentials of public procurement. In 1993, Bill Clinton announced that, where-ever possible, personal computers procured by the US Government should comply with certain energy-saving standards. As the US government is Worlds largest purchaser of computer equipment, no serious PC manufacturer on the US market can ignore these standards (Stevels, 1995). Today these standards and the energy-star label are widely used - both outside the US Government and on other office machines. In the Netherlands, ministries have in few cases successfully changed the market supply of less damaging products by asking suppliers for greener products (van der Grijp, 1995). 7 Discussion: two dilemmas The survey exposed two central dilemmas. The first dilemma concerns decentralization. Decentralization is by EPA conceived as a difficulty to green procurement even though it is a desirable change for other reasons. To EPA the problem of decentralization is that central assessments and central framework agreements are to be complemented with training for thousands of purchasers enabling them to execute similar functions. The decentralization also hinders the Minister in imposing direct instructions on the municipalities similar to the ones in the state circular, even though the law enables such directions. This way, the necessary political provisions at municipal level can not be forced through from the Ministry but have to develop through dialogue. Another disadvantage of the decentralization is that an expected side effect, more competitive green products, becomes more difficult as it seems more likely to press the price if the order comes from few large purchasers instead of thousands of small ones. On the other hand, the decentralization does enable committed staff to follow their interests and experience fast results of their efforts, thus making them even more committed. Thereby the decentralized organization becomes more dynamic compared to the centralized even though the initializing phase is more difficult. Also, the decentralized organization has probably more potentials of affecting private consumers, at least the 360.000 of them employed by the municipalities. The second dilemma is closely connected to the first and concerns the degree of guidance. For many decentralized purchasers in small municipalities procurement is just a secondary task. They ask for simple advice on which manufacturers to choose and which ones to avoid (Hansen, 1994). There are several problems with such a detailed information service. First, it outdates very fast and is thus an expensive service. Secondly, it would not be adjusted to the local areas giving locally based priority to local environmental problems. Thirdly, DEPA does not feel competent of judging other aspects than the environment, and it would lead to unfair competition if DEPA recommended one product rather than another. But most importantly, there exists no simple definition of what is the most sustainable product that could be juridically defended when non-complying manufacturers would complain for not being on the list. However, the coming product fact sheets will be a cross between the procedural approach of the manual and the direct recommendations of eco-labels and thereby coming closer to the wish of many municipalities. A second way of fulfilling the demand for independent brandname information is to direct the procurers to the existing independent "Grøn Information" point set up for private consumers. This information point is funded by the Ministry of the Environment but steered by consumer organizations, and therefore the information is not directed towards the professional consumers. Conclusions Green public procurement is more than minimising the direct environmental impact of public bodies. It is also tool to indirect environmental improvements outside the public sphere and to environmentally superior products. Public green procurement is thereby one of few ways to award environmentally outstanding companies for their efforts to go beyond compliance with current legislation. Furthermore green procurement has a positive signal value to other consumers. To what extent the green procurement in Denmark can fulfil its objective to affect industrial development and private consumers, is too early to judge and was not the focus of this survey. 8 There are, nevertheless, Danish and foreign signs of large potentials. Some other important experiences, however, could be found. The Danish initiatives are, at this stage, very much directed towards visible success. Therefore a cautious stepwise approach is made. In the national policy, emphasis is on the "easier" target audience: state institutions. Likewise the purchasers are recommended to, and, do in fact, only look at very few specific products. One negative aspect of this "visible success" orientation is the focus on buying green (which is visible) instead of buying less by redefining needs (which demands change of behaviour and could be more difficult). The Danish municipal experience shows many motivated purchasers. The study shows fast growing attention from all sides. An important finding is that the attitude of purchasers and employees is a mayor driving force, whereas official policy is lacking behind. Many of the, mainly minor, purchasers feel unable to transform their good intentions into sustainable procurement behaviour and are asking for concrete brand-name advice instead of the given procedural advice. One policy suggestion of the study could therefore be to broaden the scope of the ecolabelling regulation to also meet the information needs of public and other professional purchasers. This proposal, is, unfortunately, not likely to happen as the EU eco-labelling scheme faces severe delays already. The Commission wants to solve these problems first and make a thorough investigation of the existing problems. Broadening the scope of the EMAS regulation to allow certification of public authorities would probably not have much effect on the Danish municipalities because most of them are to small to benefit from the certificate. A less systematic and more modest approach to environmental management seems to be preferred. Changing EU’s tendering directives to allow environmental specifications is likely to be more important. Without the total life cycle perspective on products being clearly allowed, there is no pressure from large-scale consumers on industry to improve production processes. As it is now, these consumers are impeded from being stakeholders on the production process. Only the current level of legislation in the country of production can now be demanded. A first step could be to allow tendering to demand eco-labelled products or at least the fulfilment of the same criteria, without the purchaser having to ensure that it is not a barrier to trade. An important EU initiative is the recent step towards a review and greening of EU's own administration. This project will amongst other things collect member countries' experiences that are now not systematically collected and exchanged. The project might run into implementation problems similar to Dutch and Danish experiences. This could effect that public green procurement gets on the political agenda. The opposite, a successful implementation of the EU project might serve as a model for other public institutions that are now mostly groping towards greening. 9 Notes: 1 "Green" in this respect is somewhat misleading as buying for instance recycled paper is not without environmental costs. "Green" is, however, easily understood and also used in official Danish policy documents. The word "Sustainable" has been used in English translations of DEPA documents but seems even more misleading as development and equity issues are left out. "Less environmentally damaging" is more precise but not very handy. A generally applicable definition of a green product is difficult to make. Less resource demanding and energy saving is environmentally preferable. But when it comes to substitutions it becomes more difficult. Ideally the definition should be based on a life cycle assessment (LCA), but to provide an exact answer this needs weighing of different environmental issues. In this study no such general definition was provided. Buying green simply means that environmentally considerations were taken during procurement. Due to different preferences among purchasers this can lead to different purchase: one buying 100 per cent recycled copy paper and another buying swan-labelled copy paper based on virgin fibres. References: Andersson, M. (1996) The European Commission. 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