Quality Gender equality: changes to the new Procurement Code

Gender equality: changes to the new Procurement Code

ESQ - Your Certification Partner > Quality > Gender equality: changes to the new Procurement Code

GENDER EQUALITY AND CHANGES TO CODE.
DOES THE CERTIFICATION BECOME AN OPTIONAL?

The legislative decree which contained the Procurement Code reform had been widely discussed. It was approved last December by Council of Ministers and the gender equality certification was practically disappeared.

In draft the gender equality certification was excluded from reward requirements to achieve extra score, assigned in public tendering procedures to the companies with special requirements.

As early as November 2022, ANAC had advised contracting authorities to support the implementation of this measure and underlined its importance.

The so called Pink sticker, indeed is in line with Community principles on equal treatment, non-discrimination, transparency and proportionality.

These principles are also confirmed by the recent approval of the EU Parliament for the proposal for the directive on equal pay.

Consequently, it is not surprising that the gender equality certification has again found a place in the Procurement Code, because it means respecting commitments under PNRR, where gender and generational equality are cross-cutting priorities.

REWARDING FOR COMPANIES WHICH CERTIFY GENDER EQUALITY RETURNS

A regulatory intervention was implemented in the reform of Public Contracts Code.

Also the gender equality certification was subject of this intervention as well as the requirements for obtaining tax benefits and advantages in public procurement.

The new Public Contracts Code (the new Procurement Code) launched by Meloni government as Decree Legislative n. 36/2023 contains specific reference on promoting gender equality in article 108 which defines the “Award criteria of work, services and supply contracts”.

The decree was immediately corrected by the Decree Law 29 May 2023 n.57 which deleted the reference to the compulsory verification of credibility of self-certification by any means by the contracting authorities.

From March 16th the practice UNI PdR 125:22 is available. It defines the guidelines on Gender equality management system which provides for the structuring and implementation of performance indicators (KPI) inherent in gender equality policies in organizations.

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