§ Mr. LidingtonTo ask the Chancellor of the Exchequer what assessment he has made of the implications for public procurement policy of the ruling of the European Court of Justice in the Helsinki buses case (18 September 2002) about the use of environmental criteria in public procurement. [129366]
§ Mr. BoatengThere are no implications for the Government's public procurement policy stemming from the ruling of the European Court of Justice in the 457W Helsinki buses case. While the Court stated that it is permitted in principle to use criteria "relating to the preservation of the environment" when awarding a contract, the judgment makes it clear that such criteria must be linked to the subject of the contract; not confer an unrestricted freedom of choice on the authority; be expressly mentioned in the contract documents or the tender notice; and comply with all the fundamental principles of Community law, in particular non-discrimination. This is in line with the UK's understanding of the position under the current EC procurement directives and is consistent with the Government's procurement policy based on value for money.