Due to the workload of public procurement and specialization of the procurement, legal field regional procurement units have become common. There exists also a public nationwide entity defined by ALLCCH (1096/2008) called Hansel. It exercises public procurements behalf of municipalities.497 Besides Hansel, municipalities have also created their own
489 Programme of Prime Minister Antti Rinne’s Government 2019, p. 45.
490 Programme of Prime Minister Antti Rinne’s Government 2019, p. 112.
491 Ibid.
492 Programme of Prime Minister Antti Rinne’s Government 2019, p. 107–108.
493 Programme of Prime Minister Antti Rinne’s Government 2019, p. 114.
494 Programme of Prime Minister Antti Rinne’s Government 2019, p. 115.
495 Mattson 2012, p. 33.
496 Metz 2010, p. 288.
497 Mainly in those general public purchasing processes, which do not need to take local conditions into con-sideration.
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regional procurement units, since procurement processes need special, technical and legal skills, and local knowledge.498 Procurement legal framework enables possibility to co-operate.499 This, however, includes risks. These public procurements exercised by Hansel or by regional units are standardized to general needs and do not take into consideration local aspects and demands. These regional aspects are important in environmental measures and in climate issues. There is a difference if the construction works or transport infrastructure is built on shore or inland. However, there are a lot of sectors where co-operation brings efficiency and expertise needed to the public procurement processes.
In addition to procurement units, different kinds of networks500 have been founded. One of them is called HINKU -network. The municipalities in this network are committed to reducing 80 % GHG emissions from 2007 levels by 2030. Currently over 50 municipalities are involved.501 The Paris Agreement promoted non-state actors, such as cities, to co-operative measures.502 This seems to be a tendency at both national and international level.
One of the governance methods is co-operating. Global cities have started to create transna-tional climate change governance structures. The aim of these structures is to scale actions, promote co-operation and harmonize standards.503 There are at least four transnational net-works, which are fighting against the climate change.504 These are Local Governments for Sustainability (ICLEI), United Cities and Local Government (UCLG)505, the World Mayors Council on Climate Change and the C40 Cities Climate Leadership Group (C40). With the help of these networks, cities share information and best practices.506 As an international
498 E.g. there exists, procurement unit of North Carelia including municipalities such as Joensuu, Kitee, Lieksa, Nurmes ja Outokumpu, Ilomantsi, Juuka, Kontiolahti, Liperi, Polvijärvi, Rääkkylä, Tohmajärvi, Val-timo ja Heinävesi. Pohjois-Karjalan hankintatoimi 2019.
499 According to Public Procurement Act (1397/2016) section 22.
500 National networks: Climate Leadership Coalition (4 municipalities), Energy efficiency contracts 2017–
2025 (76 municipalities + 6 municipal unions), FISU-network (11 cities), HINKU-forum (over 50 municipal-ities), The mayors climate network (6 cmunicipal-ities), Kuntaliiton Kuntien ilmastokampanja (57 municipalities and 2 municipal unions), Motivan Ekohankintaverkosto (18 municipalities), Smart & Clean. Kuntaliitto: Yhdys-kunnat ja ympäristö: Ympäristö: Ilmastonmuutos: Kuntien ilmasto- ja ympäristöverkostot 2019.
501 Hinku –municipalities 2019.
502 COP Decision 1/CP 21Adaptation of the Paris Agreement para. 44, paras. 73a and d, para. 109a and para.
134.
503 Lin 2018, p. 104.
504 Lin 2018, p. 4.
505 UCLG: United Cities and Local Governments: UCLG in Action: Advocacy and Partnerships: Climate Change 2018.
506 Lin 2018, p. 4.
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unique actor, the EU is also an important operator in the climate change governance. In addition to regulation and information policies, it also uses economical instruments in its climate policy actions. 507
ICLEI508 is a global city-network. It consists of over 1 500 cities and regions, which have committed to increasing their sustainability efforts. The ICLEI covers more than 25 % of the total urban population in the world. In this city-network, the impacts of climate change are addressed. The network also promotes people-centered and equitable community building.509 ICLEI network aims at sustainable world.510
The other network, the UCLG, considers that our world will be reshaped by changing environmental and social forces. It also considers that the traditional role of the states is diminishing and that countries cannot centrally manage and control complex cities and towns anymore. They also have a view that the accelerating rapid urbanization and population growth makes the tasks of local governments more essential.511
The World Mayors Council on Climate Change is a local government leaders´ alliance. The common concern about climate change connects them and facilitates co-operation.512 In their networks, efforts to address climate change and global sustainability are promoted. The number of current members of the council is over 80 representing a network of local governments, which work to reduce GHG emissions. Membership is open to all Mayors and equivalent leaders of municipal levels of government.513
Around the world, C40 Cities connects 96 powerful cities to take climate action. Cities of
507 European Commission: The EU: a leader in global climate finance 2019.
508 Kuntaliitto: ICLEI (14 Finnish cities) 2017.
509 ICLEI: Local Governments for Sustainability: About us 2018.
510 ICLEIUSA: Who we are 2018. ICLEI USA’s first program was the Cities for Climate Protection™ (CCP) programme, which was the world’s first and largest program supporting cities in climate action planning aim-ing at measurably and systematically reduce GHG emissions.
511 UCLG: United Cities and Local Governments: The Constitution of the World Organization
of United Cities and Local Governments. Adopted by Constitutive General Assembly, the 5th of May 2004, Paris, France. 2018.
512 The World Mayors Council on Climate Change: About us. 2018.
513 Ibid.
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C40 represent over 700 million citizens, covering one quarter of the entire global economy in total. Mayors of the C40 cities are committed to distributing the targets of the Paris Agreement at the local level.514 To become a member of C40, certain criteria need to be met.
There are three categories: megacities, innovator cities and observer cities. Criteria for megacities are that the population needs to be 3 million or more. And criteria for a metropolitan area is that the population needs to be 10 million or more.515 Innovator cities qualification criteria is that they have shown demonstrative leadership in environmental and climate change work.516 Observer cities is a category for cities applying to join C40 Cities for the first time.517 What is interesting, is that North American cities are the most active C40 members in comparison to East Asian cities, which have implemented the lowest number of climate initiatives.518
In Finland, even if megacities do not exist and cities are not part of the most remarkable city networks, smaller size of co-operation has been initiated. According to Kuntaliitto -webpages, there are 7 regional energy agencies and 10 municipalities co-operating together surrounding the Helsinki Metropolitan Area.519 At national level there are the Energy efficiency agreements (2017–2025) and several city networks such as FISU -network (8 cities), HINKU -forum (over 50 municipalities), Mayors’ Climate -network (6 cities), Society’s commitment to sustainable development (81 municipalities, 1 region), Municipal Climate Protection Campaign of the Association of Finnish Local and Regional Authorities (56 municipalities and 2 joint municipal authorities), Motiva -sustainable public procurement network (18 municipalities)520 and Smart & Clean (Helsinki capital region – large cities).521 In international level there are networks such as Climate-KIC (EU -network),522 Energy Cities (2 Finnish cities), EUROCITIES – Environment Forum (6 Finnish cities) and Union of the Baltic Cities (12 Finnish cities).523
514 C40: Why cities? 2019.
515 Lin 2018, p. 115.
516 Ibid.
517 Ibid.
518 Lin 2018, p. 117.
519 Kuntaliitto: Yhdyskunnat ja ympäristö: Ympäristö: Ilmastonmuutos:
Kuntien ilmasto- ja ympäristöverkostot 2019.
520 Motiva 2019.
521 Kuntaliitto: Yhdyskunnat ja ympäristö: Ympäristö: Ilmastonmuutos:
Kuntien ilmasto- ja ympäristöverkostot 2019.
522 Climate KIC EIT 2019: Who we are 2018.
523 Kuntaliitto: Yhdyskunnat ja ympäristö: Ympäristö: Ilmastonmuutos: Kuntien ilmasto- ja ympäristöverkos-tot 2019.
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The EU has committed to addressing climate change, reducing the emissions and promoting sustainable development. This objective is a horizontal one.524 In Europe, nearly 73 % of the population lives in urban areas.525 The urbanization is still in process and the number of citizens living in cities is estimated to increase. Climate change will have an influence to almost all segments of the urban environment. As a part of the EU Adaptation Strategy, the Covenant of Mayors for Climate and Energy526 was founded in order to strengthen the local adaptation.527 About 5,500 signatories committed to support the EU`s 20 % carbon reduction target on voluntary bases by promoting the use of renewable energy resources and increasing energy efficiency. While the Covenant of Mayors focuses on mitigating climate change, the Mayors Adapt concentrates on preventing the negative effects of climate change and minimizing the damage.528 Also the aim of the EU has been to gain a city network, which is committed to desinging adaptation strategies and integrating adaptation measures in all municipal sectors.529
Harmonization in the EU by the implementations of the directives and commitments to the international agreements have also led to changes in national laws of the EU member states.
One of the principles when it comes to decision-making in the EU is the principle of subsid-iarity.530 The principle of subsidiarity applies in matters where the EU and the member states share legislative competence.531 Environmental and commercial matters both belong under
524 Art. 3(3) of the TEU.
525 Eurostat 2016, p. 8.
526 Covenant of Mayors commitment 10 large Finnish cities and 1 region. Kuntaliitto: Covenant of Mayors -sitoumus 2017.
527 European Climate Adaptation Platform: Climate-ADAPT –Sharing adaptation information. 2019.
across Europe: Cities and towns 2018.
528 European Commission: Energy, Climate change, Environment: Climate Action: EU Action, International action on climate change: EU action at international level: Cities. 2019.
529 European Commission: EU regional and urban development: Topics: Cities and urban development: Pri-ority themes for EU cities: Climate adaptation in cities 2019.
530 It means that the decision making should be made as local as possible. Art. 5(3) EC added by the TEU is written that: “Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.” This corresponds to Art. I 11(4) of the Constitution: “under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Constitu-tion.” Art. 5 (2) adds: that the Community should take action “only if and in so far as the objectives of the proposed action cannot sufficiently be achieved by the Member States.”
531 The principle in other word does not apply in areas where the Union has an exclusive legislative compe-tence. Read more Tridimas 2006, p. 176.
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this shared legislative competence.532 The legal competence of the subsidiarity principle, however, is very narrow. It seems to strengthen the role of national parliaments and – what is especially interesting here – the role of municipal authorities. Due to that, more effort should be focused on local climate mitigation.
5.4 Summary
The state has published sector-based adaptation plans and also promotes and finances new innovations of climate-friendly procurements in Finland. New city collaborations are founded, and new cities involved. Sharing good practices and co-operating in public purchasing will help municipal authorities to take climate criteria in their purchasing processes. In these co-operation networks, new good practices and innovations are shared.
Since the central role of local authorities and remarkable cities` climate mitigation potential, local climate actions should be strengthened and promoted.
532 The control of subsidiarity is two-fold. Ex ante control is carried out by national parliaments and an ex post judicial control by the Union Courts. National Parliaments ensure compliance with the principle of sub-sidiarity according to Protocol (No 1) on the role of national parliaments in the EU. Barnard 2010, p. 651.
73 6 CONCLUSIONS AND DISCUSSION