FantasticSearch

1. In order to incentivise the supply and demand for environmentally sustainable packaging, the Commission shall, by 12 February 2030, adopt implementing acts specifying minimum mandatory requirements for public contracts falling within the scope of Directive 2014/24/EU for packaging or packaged products or for services using packaging or packaged products or Directive 2014/25/EU, and awarded by contracting authorities, as defined in Article 2(1) of Directive 2014/24/EU or Article 3(1) of Directive 2014/25/EU, or contracting entities, as defined in Article 4(1) of Directive 2014/25/EU, in which the packaging or packaged products represent more than 30 % of the estimated contract value or of the value of products used by the services that are the object of the contract. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 65(2) of this Regulation.

2. The requirements set out in the implementing acts adopted pursuant to paragraph 1 shall apply to procedures for the awarding of public contracts referred to in that paragraph initiated 12 months or later from the date of entry into force of the implementing act concerned.

3. The minimum mandatory green public procurement requirements shall be based on the requirements laid down in or pursuant to Articles 5 to 11 and on the following elements:

(a) the value and volume of public contracts awarded for packaging or packaged products or for the services or works using packaging or packaged products;

(b) the economic feasibility for contracting authorities or contracting entities to buy more environmentally sustainable packaging or packaged products, without entailing disproportionate costs;

(c) the market situation at Union level of the relevant packaging or packaged products;

(d) the effects of the requirements on competition;

(e) packaging waste management obligations.

4. The minimum mandatory green public procurement requirements may take the form of:

(a) technical specifications within the meaning of Article 42 of Directive 2014/24/EU and of Article 60 of Directive 2014/25/EU;

(b) selection criteria within the meaning of Article 58 of Directive 2014/24/EU and of Article 80 of Directive 2014/25/EU; or (c) contract performance conditions within the meaning of Article 70 of Directive 2014/24/EU and of Article 87 of Directive 2014/25/EU. Those minimum mandatory green public procurement requirements shall be developed in accordance with the principles contained in Directives 2014/24/EU and 2014/25/EU to facilitate the achievement of the objectives of this Regulation.

5. Contracting authorities and contracting entities referred to in paragraph 1 may, in duly justified cases, derogate from the requirements set out in the implementing acts adopted pursuant to paragraph 1 on the grounds of public security or public health. Contracting authorities and contracting entities may also, in duly justified cases, derogate from those requirements, if those would lead to unresolvable technical difficulties.