Decree no. 2024-134 , published on February 21, 2024, represents a milestone in the greening of public procurement in France. This article takes an in-depth look at the decree’s provisions, its implications and its challenges for the transition to a circular economy.
The regulatory context
The implementation of a sustainable procurement policy in public purchasing stems from the need to promote sustainable development, the circular economy and reduce the ecological footprint of government activities. Law no. 2020-105 of February 10, 2020 on the fight against waste and the circular economy established obligations for contracting authorities and contracting entities to acquire goods from reuse, re-use or incorporating recycled materials.
The main provisions of the decree
The decree repeals the previous decree no. 2021-254 of March 9, 2021, and introduces a number of significant changes to public procurement obligations. It broadens the scope of sustainable procurement, allowing goods to be acquired not only through public procurement contracts, but also through donations. In addition, it sets out a multi-year progression of procurement percentages, encouraging a gradual increase in the use of goods from the circular economy up to 2030.
Product categories and acquisition percentages
The decree establishes a list of product categories for which minimum purchase percentages are set for the years 2024, 2027 and 2030. These percentages are expressed as a function of the annual amount, excluding taxes, spent on the purchase of each product category over the course of a calendar year. Public bodies are required to declare their share of annual expenditure on public procurement contracts and the value of donations acquired for these product categories.
Here are the different product categories:
- Computer and telephone equipment
- Reprographic and printing equipment
- Printing consumables
- Paper
- Office supplies
- Transport equipment and spare parts
- Vehicles and spare parts
- Furniture and interior design
- Street furniture
- Waste collection equipment
- Jars and bottles
- Sporting goods and equipment
- Maintenance equipment for green spaces
- Modular or prefabricated buildings
- Major household appliances, including professional appliances
- Games and toys
Gradual adaptation and a commitment to transparency
The decree aims to ensure a gradual adaptation of public sector procurement practices to sustainability requirements. By introducing sustainable procurement targets with a multi-year progression, it recognizes the need for a gradual transition to a circular economy. In addition, by requiring the declaration of annual expenditure and the valuation of donations for specified product categories, the decree reinforces transparency and accountability in public purchasing.
Exemption from the ban on single-use plastic products
The decree also introduces a new provision allowing exemptions from the state ban on the acquisition of single-use plastic products in certain specific health and safety situations.
In conclusion, Decree no. 2024-134 represents a significant step forward in the promotion of sustainable procurement in public purchasing in France. By setting concrete targets for the acquisition of goods derived from reuse or incorporating recycled materials, while allowing for gradual adaptation up to 2030, it marks an important step towards building a sustainable circular economy.
However, it is important to ensure that this decree is properly implemented and monitored. Coordination between the various stakeholders, transparency in procurement practices and regular evaluation of the impact of sustainable procurement policies are essential to ensure the success of this transition.
Although challenges remain, Decree no. 2024-134 represents a positive step towards more sustainable and responsible public purchasing, helping to build a more sustainable future, as well as « setting a good example » for consumers.
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