The BDE, the Federal Association of German Waste, Water and Circular Economy, is calling for a fundamental reform of public procurement with a recent legal opinion. Despite the enormous potential for climate and resource protection that could be unlocked by using recycled raw materials, Green Public Procurement (GPP) remains largely sidelined in Germany, according to a press release from the association dated September 3. To strengthen Germany's resource security and become more resilient, now is the time to change course.
From the BDE's perspective, the public sector currently has the opportunity to invest up to 500 billion euros from the special fund aimed at the future into infrastructure for road, rail and schools. A legal opinion from the law firm BBH shows: While existing laws such as Section
45 of the Circular Economy Act (KrWG) and Section 13 of the Climate Protection Act (KSG) already provide room for maneuver today, for example for the use of recycled concrete or green steel, these regulations have had little impact to date due to a lack of binding force, insufficient enforceability and too narrow application.
Anja Siegesmund, the managing president of the BDE, explains:
„The coalition wants to ignite the construction turbo and is working under the motto: ‘We know best how this is supposed to run.’ This will fail. The companies of the construction and circular economy sectors are ready to put their strength into the urgently needed renewal of the infrastructure of our country. Rail, road and school, which are built or renewed sustainably today, can be
a turbo for environmentally friendly public procurement with their potential. Already today existing laws provide room for this. Recycling materials must no longer be excluded, but must be consistently tendered. Recycling materials will then be the new normal on the construction site if the public sector wants it. Best today.”
The waste management and recycling industry stands ready to contribute. Together with partners from the construction sector, industry and environmental associations, the BDE calls: Act now, use the public sector's purchasing power, and kick-start the ramp-up of the circular economy.
Critically, the association regards as problematic the planned deletion from the preceding draft of Paragraph 120a of the Act Against Restraints of Competition (GWB) in the Procurement Acceleration Act. This sends a false signal and fails to recognise
the strategic importance of recycled materials for climate protection and supply security.
„The public sector itself faces major challenges in achieving its climate goals. Recycling materials pay twice: for the climate and for the economy. Whoever today consistently relies on recyclates reduces emissions and at the same time strengthens value creation and supply security in Germany,“ says Siegesmund.
From the BDE's perspective, a structural anchoring of Green Public Procurement in procurement law is also necessary.
„The grand solution is a modernization of the Act Against Restraints of Competition (GWB). Only when ecological requirements are systematically written into it will Green Public Procurement move from good intentions to a binding principle. That is the lever by which we will secure climate protection, resource security, and competitiveness alike,“ says Siegesmund.
