How Do I Develop the Best Procurement Guidelines?
In order to further promote the construction of a resource-saving and environment-friendly society, guide and promote enterprises to actively fulfill their environmental protection responsibilities, establish a green supply chain, and realize green, low-carbon, and cyclical development, we have formulated the "Enterprise Green Procurement Guide (Trial)" (Hereinafter referred to as the "Guide"), is now issued. The local competent commercial departments, environmental protection departments, and industrial and information technology departments are requested to cooperate closely to increase publicity and implement the Guide. [1]
Notice of the Ministry of Commerce, the Ministry of Environmental Protection, and the Ministry of Industry and Information Technology on "Enterprise Green Procurement Guidelines (Trial)"
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- In order to further promote the construction of a resource-saving and environment-friendly society, guide and promote enterprises to actively fulfill their environmental protection responsibilities, establish a green supply chain, and realize green, low-carbon, and cyclical development, we have formulated the "Enterprise Green Procurement Guide (Trial)" (Hereinafter referred to as the "Guide"), is now issued. The local competent commercial departments, environmental protection departments, and industrial and information technology departments are requested to cooperate closely to increase publicity and implement the Guide. [1]
- Article 1 According to the relevant provisions of the Environmental Protection Law, the Outline of the Construction Plan of the Social Credit System (2014-2020) issued by the State Council, and the Twelfth Five-Year Plan for Energy Conservation and Emission Reduction, An environment-friendly society, giving full play to the decisive role of the market in allocating resources, promoting green circulation and sustainable development, guiding enterprises to actively build green supply chains, implementing green procurement, and formulating this guide.
- Article 2 The term "green procurement" as used in this guide refers to the promotion of green and low-carbon concepts in procurement activities, giving full consideration to environmental protection, resource conservation, safety and health, recycling of low-carbon and recycling promotion, prioritizing procurement and use of energy-saving and water-saving , Materials, and other activities that are conducive to environmental protection of raw materials, products and services.
- The green supply chain referred to in this guide refers to the concept of environmental protection and resource conservation throughout the entire process from product design to raw material procurement, production, transportation, storage, sales, use, and disposal, so that economic activities and Upstream and downstream supply relations coordinated with environmental protection.
- Article 3 The procurement of raw materials, products and services between supplier companies and buyers with upstream and downstream supply relationships in the supply chain is encouraged to apply this guide.
- The procurement of various products and services for final consumption, as well as the procurement of raw materials, finished products, semi-finished products and other production materials, is encouraged to apply this guide.
- Encourage online procurement to apply this guide.
- Article 4 The state encourages enterprises to establish a green supply chain management system, take the initiative to assume social responsibilities such as environmental protection, and consciously implement and strengthen green procurement.
- Departments of commerce, environmental protection, industry and information technology at all levels guide the green procurement behavior and green supply chain management of enterprises in the region.
- Article 5 Enterprise procurement shall follow the following principles:
- (I) Taking into account both economic and environmental benefits
- . Enterprises should fully consider environmental benefits in procurement activities, and give priority to purchasing raw materials, products and services that are environmentally friendly, energy-saving and low-consumption, and easy to comprehensively utilize resources, taking into account economic and environmental benefits.
- (2) Creating a green supply chain.
- Enterprises should continuously improve purchasing standards and systems, comprehensively consider energy conservation and environmental protection factors in product design, procurement, production, packaging, logistics, sales, service, recycling and reuse, and practice environmental protection and energy conservation with upstream and downstream enterprises. Reducing emissions and other social responsibilities to build a green supply chain.
- (3) The combination of corporate leadership and government guidance.
- Adhere to market-oriented operation, take enterprises as the main body, and give full play to the leading role of enterprises. The government promotes corporate green procurement through institutional reforms, policy guidance, information disclosure, and promotion of industry norms. Give full play to the role of bridges and bonds of industry associations and strengthen industry self-discipline.
- Article 6 Encourage enterprises to establish green procurement concepts, integrate green procurement concepts into business strategies, run through the entire process of procurement of raw materials, products and services, continuously improve and perfect procurement standards and systems, and promote suppliers to continuously improve environmental management levels and jointly build a green supply chain.
- Article 7 Enterprises are encouraged to formulate and implement specific and feasible green procurement plans, and adjust and improve them in a timely manner.
- The green procurement plan should include and not be limited to the following:
- (1) green procurement goals and standards;
- (2) green procurement process;
- (3) conditions and procedures for selection and identification of green suppliers;
- (4) inspection and dispute handling mechanisms during the implementation of green procurement contracts;
- (5) the scope, method and frequency of green procurement information disclosure;
- (6) Evaluation of green procurement performance;
- (7) Implementing a system for removing products, recalling and tracing products;
- (8) Other relevant contents of implementing green procurement.
- Article 8 Enterprises are encouraged to require suppliers to adopt more eco-design technologies in the product design process in order to reduce environmental pollution and energy resource consumption, and enable products and parts to be recycled.
- Encourage enterprises to formulate green procurement standards around their business strategies and green procurement goals.
- Encourage enterprises to put forward requirements related to environmental protection in the standards for purchasing raw materials, products and services, reflect the concept of green environmental protection, and strictly purchase in accordance with the procurement standards.
- Article 9 Enterprises are encouraged to establish a product traceability system and establish a full-track management of purchased products from raw materials to delivery.
- Article 10 Encourage enterprises to improve their procurement processes, actively participate in suppliers' product development and manufacturing processes, and guide suppliers to reduce the amount of various raw and auxiliary and packaging materials through value analysis and other methods, use more environmentally friendly materials to replace, avoid or reduce environmental pollution Wait.
- Encourage companies to require suppliers to supply products or raw materials that meet the requirements of green packaging. Do not use toxic or harmful substances as packaging materials. Use recyclable, degradable, or harmless packaging materials to avoid excessive packaging. Under the premise of demand, minimize the material consumption of packaging materials.
- Article 11 Enterprises are encouraged to implement intelligent, informatized and convenient energy saving and pollutant emission reduction measures for purchased products or raw materials in warehousing and logistics transportation.
- Article 12 Enterprises are encouraged to establish a waste recycling process for purchased products and raw materials to achieve recycling or harmless treatment.
- Article 13 Buyers and suppliers can drive green consumption across society in the following ways:
- (1) Promote and guide consumers to green consumption concepts such as low carbon and conservation, and improve consumers' product selection methods;
- (2) discovering consumers' green needs and satisfying them in the procurement process;
- (3) Establishing a green brand and improving its popularity;
- (4) Carry out "green shopping mall" and other creation activities, promote energy-saving renovation of stores, promote sales of environmentally-labeled products and energy-saving products, and recycling of waste electrical and electronic products.
- (5) Resist the excessive packaging of goods, guide consumers to actively participate in green consumption, and reduce the use of disposable supplies and plastic shopping bags.
- Article 14 Enterprises are encouraged to purchase green products. Green products meet at least the following conditions:
- (1) Establish a full life cycle concept in the product design process, fully consider environmental protection, reduce resource and energy consumption, and focus on sustainable development;
- (2) The product uses more environmentally friendly raw materials in the production process, adopts clean production processes, has high resource and energy utilization efficiency, and emits pollutants better than corresponding emission standards;
- (3) The energy consumption of the product during the use is low, which will not cause harm to users, and the discharge of pollutants meets environmental protection requirements;
- (4) The product can be recycled after being discarded, easy to disassemble, refurbished, and can be disposed of safely.
- Enterprises are encouraged to purchase energy-saving and environmentally-friendly products that have passed environmental labeling product certification, energy-saving product certification, or other certifications recognized by the state.
- Article 15 Enterprises should not purchase the following products:
- (1) Failure to meet the requirements of the competent commercial department to prevent excessive packaging and recycling promotion;
- (2) being included in the "high pollution, high environmental risk" product list in the "Comprehensive Environmental Protection List" formulated by the Ministry of Environmental Protection;
- (3) The product or the production process and equipment used are listed in the "Guide Catalog for Eliminating Backward Production Process Equipment and Products in Certain Industrial Industries" published by the Ministry of Industry and Information Technology;
- (4) Other high energy-consuming and highly polluting products whose production is restricted or discouraged by the state.
- Article 16 Enterprises are encouraged to purchase green raw materials.
- The selection of green raw materials should be in accordance with environmental protection standards and energy saving requirements, with low energy consumption, low pollution, non-toxic, high resource utilization, recyclable and other good performance materials.
- Enterprises are encouraged to purchase green raw materials with reference to Articles 14 and 15 of this chapter.
- Encourage enterprises to give priority to the purchase and use of waste steel, waste non-ferrous metals, waste plastics, waste paper, waste electrical and electronic products, waste tires, waste glass, waste textiles and other renewables while meeting relevant environmental standards, product quality and safety requirements Resources as raw materials.
- Article 17 Enterprises are encouraged to purchase green services. Green services need to meet at least the following conditions:
- (1) The overall environmental damage caused by the service content is very small, the pollutant discharge is small, no toxic or harmful or difficult to treat pollutants are generated, and the solid waste is classified and collected and reasonably disposed;
- (2) The service content meets the requirements of energy conservation and consumption reduction, and less resources and energy are used in the service process, and the overall consumption of natural resources is low;
- (3) The service content is beneficial to human health.
- Article 18 Enterprises are encouraged to combine the characteristics of the industry and draw on advanced experience at home and abroad to draw up conditions for the selection and identification of green suppliers, and open the selection and identification conditions through multiple channels.
- Article 19 Enterprises are encouraged to preferentially select suppliers who meet the following conditions:
- (1) According to the relevant provisions of the Enterprise Environmental Credit Evaluation Measures (Trial) issued by the Ministry of Environmental Protection, the Development and Reform Commission, the People's Bank of China and the China Banking Regulatory Commission, and the local regulations on the management of environmental credit evaluation of enterprises, they have been assessed as environmentally friendly and trustworthy enterprises by Environmentally sound companies;
- (2) on the basis of meeting the statutory requirements for the discharge of pollutants, voluntarily signing an agreement with the environmental protection department to further reduce the amount of pollutants discharged, and achieving the reduction effect agreed in the agreement;
- (3) Voluntary implementation of clean production audits and passing assessment and acceptance;
- (4) Applying for certification of the environmental management system, quality management system and energy management system voluntarily and passing the certification;
- (5) Those who have been commended by the state or local authorities for their outstanding environmental protection work;
- (6) The adopted technology is listed in the encouraged category of the "Industrial Structure Adjustment Guidance Catalogue" issued by the Development and Reform Commission;
- (7) Complying with relevant industry access conditions announced by the Ministry of Industry and Information Technology;
- (8) Disclose environmental information in a timely, comprehensive and accurate manner, actively fulfill social responsibilities, and actively accept supervision by relevant departments and the public;
- (9) Complying with other conditions that the relevant departments and agencies shall give priority to the purchase by the buyer according to law.
- Article 20 Enterprises should not choose suppliers who have any of the following circumstances:
- (1) According to the relevant provisions of the "Measures for Enterprise Environmental Credit Evaluation (Trial)" and local regulations on the management of enterprise environmental credit evaluation, they have been evaluated as environmentally-poor enterprises by environmental protection departments;
- (2) An environmental crime is constituted due to environmental violations;
- (3) Those who have been punished by the environmental protection department according to law due to environmental violations and have not yet completed rectification;
- (4) A large-scale environmental emergency has occurred within one year;
- (5) Failure to meet the national or local pollutant discharge standards, the total pollutant control target requirements, or the energy conservation target requirements;
- (6) Failure to carry out a compulsory cleaner production audit in accordance with the provisions of the Cleaner Production Promotion Law;
- (7) Those who fail to meet the standard in the supervision and inspection of standardized management of hazardous waste in that year;
- (8) Failure to disclose environmental information in accordance with laws and regulations;
- (9) Having other requirements that violate national laws, regulations, standards and policies on environmental protection.
- Article 21 In a procurement contract, an enterprise may clearly agree on the following:
- (1) The supplier shall timely and accurately notify the purchaser of relevant information about its green supply chain management;
- (2) In the event of a supplier listed in Article 20 of the Guidelines or other environmental issues, the purchaser may reduce the purchase share, suspend the purchase or terminate the purchase contract;
- (3) If a supplier conceals environmental protection violations and causes losses to the buyer, the buyer has the right to safeguard its rights and interests in accordance with the law.
- (4) If the supplier strives to achieve better environmental performance in terms of technological progress, product production, distribution and sales than the environmental requirements stipulated in the procurement contract, the buyer may increase the purchase price, increase the purchase quantity, and shorten the payment period by appropriately And other ways to encourage suppliers.
- Article 22 Enterprises are encouraged to establish a supplier performance monitoring system to supervise suppliers in terms of environmental protection, resource conservation, corporate social responsibility and sustainable development.
- Encourage enterprises to establish their own green supplier database, and achieve docking and sharing with industry green procurement information platforms and databases.
- Encourage enterprises to regularly report or announce the effectiveness of green procurement to relevant local departments and other institutions and the public, and accept supervision.
- Article 23 The local commerce, environmental protection, industry and information technology departments shall support and guide buyers to establish a green supply chain management system, take the initiative to assume social responsibility for environmental protection, consciously implement and strengthen green procurement, and adopt public green commitments. , Accept social and government supervision.
- Article 24 The local commerce, environmental protection, industry and information technology departments shall support and guide the formulation and revision of enterprise green procurement standards and specifications.
- Article 25 The local commerce, environmental protection, industry and informatization departments shall, together with relevant departments, announce the following information to the society and update it regularly:
- (1) Information on products and their suppliers that have been certified or recognized for energy conservation, water conservation, environmental labeling, organic, and environmentally friendly;
- (2) supplier environmental credit evaluation information;
- (3) Green procurement specifications formulated by intermediary organizations such as industry associations and representative buyers;
- (4) Green purchase commitment or green purchase agreement of the buyer;
- (5) Typical experience of buyers in implementing green procurement;
- (6) Other relevant information beneficial to promoting green procurement.
- Article 26 The news media are encouraged to report and publicize the significance of promoting green procurement, the effective implementation of green procurement and the complete green supply chain, and continuously improve the public's environmental protection and green consumption concepts.
- Article 27 Intermediary organizations such as industry associations are encouraged to establish their own green procurement information platforms and databases of green raw materials, green products, green services, and green suppliers for sharing by relevant enterprises and accept supervision by relevant government departments and agencies, and the public.
- Intermediaries such as industry associations are encouraged to strengthen industry self-discipline and organize activities such as publicity, training, and promotion of green procurement.
- Intermediaries such as industry associations are encouraged to carry out international cooperation and exchanges on green procurement.
- Article 28 These Guidelines shall become effective on January 1, 2015.
- Article 29 Chinese companies purchasing raw materials, products and services from abroad shall apply these Guidelines by reference.
- Article 30 The local commerce, environmental protection, industry and informatization departments may, in the light of these guidelines and local actual conditions, formulate green procurement rules suitable for enterprises in the region.