Biodiversity in Public Procurement 2026

Definition: In the context of public procurement, biodiversity refers to the biological diversity of ecosystems, species and genetic resources as a protected good that can be taken into account in procurement procedures through the design of specifications, award criteria and conditions for performance.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Articles 67–70, EU Biodiversity Strategy 2030, BVergG 2018 Section 21

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Biodiversity as a procurement objective

Taking biodiversity aspects into account in public procurement is an expression of the European sustainability strategy and is gaining increasing importance in procurement practice. The EU Biodiversity Strategy 2030 and the European Green Deal commit public bodies to actively using their procurement policy to achieve environmental goals. As public bodies in the EU spend around 14% of GDP annually on goods, construction and services, public procurement is a significant lever for biodiversity protection.

Instruments in the procurement procedure

Contracting authorities have various legal instruments available to integrate biodiversity requirements into procurement procedures.

Technical specifications and statement of work

Requirements can be set out in the statement of work to ensure the protection or promotion of biodiversity. Examples:

• Use of certified, native plant species for greening measures
• Use of building materials from sustainably managed forests (e.g. FSC or PEFC certification)
• Requirements for insect protection measures in outdoor area design

Award criteria

Pursuant to Article 67 of Directive 2014/24/EU, qualitative environmental aspects may be used as award criteria. Biodiversity-related criteria may include:

• Concepts for avoiding soil compaction and habitat loss on the construction site
• Evidence of biodiversity-enhancing management measures at the supplier
• Award of points for the use of bee-friendly plants or green roofs

Conditions for performance

Pursuant to Article 70 of Directive 2014/24/EU, contracting authorities may lay down special conditions for contract performance that include environmental aspects. Examples: obligation to document the installation of nesting boxes, protection of biotopes during the construction phase.

Limits and requirements

Biodiversity-related requirements must be objectively linked to the subject matter of the contract and proportionate; a general environmental policy of the bidder without reference to the specific service may not be required. The CJEU made it clear in Concordia Bus (Case C-513/99) that environmental criteria must be linked to the contract and must not result in hidden discrimination.

To avoid legal infringements, contracting authorities should:

1. Document the link to the contract for each biodiversity criterion
2. Design proof requirements proportionately (no disproportionate certification obligations)
3. Accept equivalent evidence from alternative certification systems

FAQ

May a contracting authority require a biodiversity certificate as a mandatory suitability requirement? Only to a limited extent. The contracting authority must generally accept equivalent evidence from other systems and may not prescribe a specific certification body if this would unduly restrict competition.

Which specific labels are recognised in the area of biodiversity in procurement? Recognised labels include FSC (forest certification), Rainforest Alliance, the EU Organic label, and the Austrian Ecolabel. Contracting authorities may request these labels as evidence, but must allow equivalent alternatives.

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Last updated: January 2026 All information without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.