Spain

1. Policy

The Spanish procurement legal framework, Act № 9/2017, includes the following RBC objectives – additional frameworks apply, depending on the RBC objective:

Environment

Human and labour rights

The principles of fair trade established in Section 2 of the European Parliament Resolution on Fair Trade and Development include the respect of both human and labour rights. The Spanish government guarantees the respect for human rights throughout the production chain by requiring compliance with the ILO Core Conventions.

People with disabilities / long-term unemployed people / gender and minorities

The Spanish government recognises and respects the rights included in the United Nations Convention on the Rights of Persons with Disabilities.

Integrity

The principles of transparency and integrity during the public procurement process are highlighted in the object section of the Act.

Strategic frameworks

• Green Public Procurement Plan for Central State Administration, Public Bodies and Social Security Entities

• Plan for fostering socially responsible public procurement in the framework of Act № 9/2017

2. Implementation

Spanish contracting authorities are expected to incorporate environmental criteria throughout the procurement cycle in all public procurement procedures.

Pre-tender phase

• When planning public procurement procedures, contracting authorities are required to consider environmental aspects.

Tender phase

• Contracting authorities must ensure that the technical specifications of the tender take into account environmental considerations, like a reduction in the level of greenhouse gas emissions, energy-savings and energy-efficiency measures, and social aspects such as non-discriminatory objects and compatibility with European Law.

Post-tender phase

• In the contract management phase, the Act prescribes legal consequences and procurement sanctions in the case of contract breach. There are also compulsory implementation clauses related to RBC objectives linked to penalties in case of breach.

3. Good Practices

• The Independent Office for Regulating and Monitoring Procurement was created to monitor public procurement procedures and collect statistical information.