Overview
This regulation provides that where contracting authorities intend to purchase works, supplies or services with specific characteristics they may, as part of the procurement procedure, require a specific label (or certain requirements of a specific label) as means of proof that the works, services or supplies fulfil the required characteristics.
Such a requirement may only be imposed where certain conditions are fulfilled, namely:
- the label requirements only contain criteria which are linked to the subject-matter of the procurement
- the label requirements are based on objective criteria (which can be verified and are non-discriminatory for suppliers)
- the labels are established in an open and transparent procedure
- the labels are accessible to all suppliers, and
- the label requirements are set by a third party and not influenced by a supplier participating in the procurement.
Regulation 43 also provides that contracting authorities must, where a specific label is required, accept equivalent labels provided by a supplier.
Where a supplier is unable to obtain a specific label (or an equivalent) for reasons outside of its control, then the supplier may evidence that the works, supplies or services fulfil the requirements of the specific label or the specific requirements indicated by the contracting authority via other means (including, for example, a technical dossier).