Regulatory Opportunities and Challenges of Circular Public Procurement in the European Union

Public procurement, the processes by which public authorities purchase works, goods, or services, can support transitions to circular economies. To date, discussions on circular public procurement (CPP) have been predominantly limited to operational dimensions, focused in particular on the need to develop ‘circular criteria’ when specifying selection, performance and award criteria for tenders. This perspective instead recommends shifting the focus to the regulatory framing of CPP. This is particularly poignant, as public procurement is increasingly included as a possible measure within European Union (EU) environmental laws, including those focused on resources and waste, to support environmental as well as circular economy aims. The presence of public procurement in EU environmental law is expected to increase, as further laws need to be adopted specifying public procurement requirements pursuant to recently adopted EU laws on ecodesign and particular types of waste. These laws may be relevant to CPP discussions and also provide an opportunity to shape the CPP agenda. Based on a mixed-methods review, this perspective proposes three areas of focus for the regulatory framing of and further research on CPP: explicit integration of social issues, needs assessments, and embedding circular criteria throughout the procurement process and beyond.