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Implementation of the Environmental Policy Objectives within the Public Procurement System in the context of the EU-Ukraine Association Agreement

V. Malolitneva, R. Dzhabrailov

Abstract



Implementation of the Environmental Policy Objectives within the Public Procurement System in the context of the EU-Ukraine Association Agreement
Public procurement is considered as one of the most powerful market tools for solving environmental challenges facing the world. Ukraine is gradually implementing “green” public procurement, however, some problems may occur because of confusion over the main objectives of public procurement regulation within the national system of Ukraine and the EU. The article identifies that the main objective of the EU directives is to promote the internal market. Thus, Ukraine is free to implement “horizontal” policy of environmental protection but its freedom is restricted by the EU requirements “how to buy” in order not to create barriers in trade. However, it is argued that there is a gradual ideological shift from the use of the EU Directives on procurement only to meet the objectives of the internal market to the use of procurement as a tool defining “what to buy”. The article identifies wide competences of the EU to require the implementation of “green” procurement, that is why the power of Ukraine in this context is narrowed. It suggests potential ways to improve Ukraine’s legislation on the means for implementation of environmental policy objectives within public procurement system in the
context of the EU-Ukraine Association Agreement.

Keywords


Public procurement, value for money, internal market, horizontal policy, green procurement, the EU, Ukraine.

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