Clean Vehicle Directive in Public Procurement Law 2026

Clean Vehicle Directive: EU directive promoting clean vehicles in public procurement. Minimum quotas, definitions and national transposition.

Definition: The Clean Vehicle Directive (Directive 2019/1161/EU) is an EU directive that obliges contracting authorities to comply with minimum quotas for clean and zero-emission vehicles when procuring road vehicles, in order to accelerate the market uptake of climate-friendly mobility.

Last updated: January 2026 · Legal basis: Directive 2019/1161/EU (CVD), transposition: Section 68a VgV (Germany), Section 63a BVergG 2018 (Austria)

What is the Clean Vehicle Directive?

The Clean Vehicle Directive (CVD), Directive 2019/1161/EU, is the revised version of the original Directive 2009/33/EC and, for the first time, obliges contracting authorities and operators of public passenger transport to comply with binding minimum quotas for clean vehicles in public procurement. It is the first EU procurement instrument that prescribes specific quantitative targets for climate-friendly products and thereby goes beyond the previous principle of voluntary integration of environmental criteria.

The directive has applied since 2 August 2021 and had to be transposed into national law by that date.

Scope of application

The CVD applies to contracting authorities and contracting entities in the utilities sector that conclude contracts for the purchase, leasing or rental of road vehicles, as well as to public service contracts for certain passenger transport services.

Contracts covered:

Purchase, leasing, rental or hire purchase of road vehicles
Public service contracts for passenger transport (bus, tram, taxi, courier services)
Service contracts for certain postal services and waste collection involving the use of vehicles

Definition of "clean vehicle"

The CVD distinguishes between "clean" and "zero-emission" vehicles.

Category	Requirement
Clean light commercial vehicle (M1, M2, N1)	Emissions below set limits OR zero-emission
Clean heavy commercial vehicle (N2, N3)	Alternative fuel or zero-emission
Clean bus	Alternative fuel or zero-emission
Zero-emission vehicle	Zero CO2 emissions from the drivetrain

Minimum quotas

The minimum quotas are divided into two reference periods and are increased after 2025.

For the first reference period (2021–2025):

Light commercial vehicles: 38.5% clean vehicles (of which 10% zero-emission)
Buses: 45% clean vehicles (of which 22.5% zero-emission)
Heavy commercial vehicles: 10% clean vehicles

For the second reference period (2026–2030), higher quotas apply. The specific national quotas vary by Member State (set out in tables in the directive's annex).

Transposition in Germany and Austria

In Germany, the CVD was transposed by amending the Procurement Regulation (VgV); Section 68a VgV governs the obligations of contracting authorities. Contracting authorities must document compliance with the quotas and may also count framework agreements and service contracts towards meeting the quota.

In Austria, transposition took place via an amendment to the BVergG 2018.

Consequences of non-compliance

The CVD contains no direct sanction mechanisms for individual procurement procedures. However, Member States are obliged to monitor compliance with the national minimum quotas and to report to the European Commission every three years.

FAQ

Does the CVD also apply to small municipalities? Yes, in principle. The directive does not distinguish according to the size of the contracting authority. However, the national transposition laws partly provide for exceptions or simplifications for smaller territorial bodies.

How is the quota calculated – per procurement procedure or overall? The minimum quotas relate to a contracting authority's overall vehicle procurement during the reference period, not to each individual procurement procedure. A contracting authority may therefore procure exclusively conventional vehicles in one procedure but must meet the quota across the period as a whole.

What applies to leasing contracts? Leasing contracts, rental contracts and hire purchase contracts for vehicles are covered by the CVD just like purchase contracts.

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