Circular economy: decree on sustainable public procurement

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.