Study – Proposal for a feasibility study for the creation of a public EU rating agency for environmental and social sustainability and human rights in the business context

The European Economic and Social Committee (EESC) is planning to launch a procurement procedure for a study on 'Proposal for a feasibility study for the creation of a public EU rating agency for environmental and social sustainability and human rights in the business context'.

WHAT IS THIS PUBLICITY ABOUT?

This announcement is made pursuant to Annex I.14 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, to award a low value contract for a study as a result of a negotiated procurement procedure. It is published ahead of the procurement procedure with basic information on the subject matter of the contract, to give economic operators the possibility to express an interest in participating as tenderers in the subsequent procurement procedure.

DESCRIPTION:

EESC opinions REX/518, REX/527 and REX/565 propose the establishment of a public EU rating agency for environmental and social sustainability and for respect for human rights in a business context. Such an agency could ensure a harmonised approach and create a common contact point for businesses (especially SMEs), competent authorities and organised civil society. This agency would provide legal certainty when applying EU legislation regarding due diligence in global value chains.

It could play a key role in implementing the upcoming Corporate Sustainability Due Diligence Directive (CSDDD), as well as the Conflict Minerals Regulation, the Battery Regulation, the Deforestation Regulation, the Forced Labour Product Ban Regulation and the European Raw Materials Act.

The feasibility study will provide answers to the following questions:

• Remit of the EU rating agency:
  • what areas should fall under the responsibility of this EU rating agency?
  • the implementation of which regulations should be monitored? (See above)
  • single contact point for consultation and technical support for stakeholders (e.g. companies, civil society organisations) OR assistance, technical support and training for running national contact points?
  • development of harmonised European guidelines for due diligence systems for companies based on requirements set out in the relevant EU legislative acts?
  • development of common European public quality standards for the accreditation process for firms carrying out audits?
  • accreditation process in the Member States or centralised at EU level?
  • development of European quality standards for the processes of auditing firms regarding due diligence systems?
  • monitoring of auditing firms based on the European quality standards developed?
  • scientific monitoring: acquisition of relevant data regarding relevant EU legislative acts (e.g. risk indicators regarding forced labour and human rights infringements) and creation and maintenance of databases?
• Organisational feasibility questions:
  • analysis of the legal framework
  • establishment of a separate agency OR attachment to an existing EU agency (which one?)
  • analysis and outline of possible organisational structure
  • draft of financial and staff requirements for establishment and operation
  • integration of stakeholder representatives (business organisations, trade unions, CSOs, public authorities, scientific institutions, etc.)?

Languages/geographical area

The study should be carried out in English and cover the whole European Union.

Indicative timeline

1. Launch of the invitation to tender: 2nd quarter 2024.
2. Deadline for submission of tenders: approximately 2nd quarter 2024.
3. Contract award: 2nd quarter 2024.
4. The final study report is expected within nine months following the signature of the contract.

WHO MAY EXPRESS INTEREST IN BEING INVITED IN THE SUBSEQUENT CALL FOR TENDERS?

Participation is open on equal terms to all natural and legal persons established in the European Union (EU) or in a third country which has a special agreement with the EU in the field of public procurement on the conditions laid down in that agreement. This includes:

• All EU Member States;
• Parties to special international agreements with the EU in the field of public procurement:
  • European Economic Area agreement (EEA): Iceland, Norway and Liechtenstein;
  • Stabilisation and Association Agreements (SAA): North Macedonia, Albania, Montenegro, Serbia, Bosnia and Herzegovina and Kosovo.

HOW TO EXPRESS AN INTEREST?

Entities established in a country that has access to the procurement can express an interest in participating in the planned procedure by filling in and submitting the contact form (see link at the bottom of this page).

DATA PROTECTION

By submitting your contact details, you consent to the EESC processing this personal data in line with this Privacy Statement. To access, change or delete your data at any moment, please contact the data controller by sending an email to studies-eesc@eesc.europa.eu

DISCLAIMER

Please note that this announcement does not create any obligation for the EESC to launch a procurement procedure. The EESC will take the submitted information into account only to identify potential candidates. Expressing interest in participating in this type of negotiated procedure does not create any legal right or legitimate expectation on the part of any economic operator, and the EESC has the right to cancel the procedure at any time. The documents of the actual call for tenders (invitation letter, tender specifications and draft contract) will only be provided to the identified candidates when the procedure is launched, and any tender received from a legal or natural person not invited to tender will be rejected.