CSR & business: exclusion from public procurement procedures

Regulations :

Order no. 2023-1142 of December 6, 2023 on the publication and certification of sustainability information and the environmental, social and corporate governance obligations of commercial companies

Report to the President of the Republic on Ordinance no. 2023-1142 of December 6, 2023 on the publication and certification of sustainability information and the environmental, social and corporate governance obligations of commercial companies

Who's concerned?

Establishments subject to the public procurement code.  

When?

This measure applies to public procurement and concession contracts for which a consultation is launched or an advertising notice is sent for publication from January 1, 2026 (implementation will be gradual, depending on the requirements linked to CSRD).

Summary

France has just begun transposing into national law the CSRD directive on the publication of sustainability information by companies. Article 27 of the ordinance introduces into the legislative part of the French Public Procurement Code a new mechanism for excluding economic operators who fail to comply with their obligation to publish sustainability information from public procurement and concession contract award procedures.

As a reminder, in accordance with the provisions of the Green Industry Act of October 23, 2023, failure to comply with this obligation may result in disqualification from bidding on a procurement procedure for the award of a public procurement contract(Commande publique: deux nouveaux motifs d'exclusion des marchés, évolution du SPASER).