Clean Vehicles Procurement Act 2026 – Public Procurement

The Clean Vehicles Procurement Act regulates minimum quotas for low-emission vehicles in public procurement. Requirements and scope of application.

Definition: The Clean Vehicles Procurement Act (SaubFahrzeugBeschG) implements EU Directive 2019/1161 into German law and obliges public contracting authorities to comply with minimum quotas for clean and zero-emission vehicles when purchasing, leasing and procuring passenger transport services.

Last updated: January 2026 · Legal basis: Directive 2019/1161/EU; SaubFahrzeugBeschG (Germany, BGBl. I 2021 p. 3153); § 68a BVergG 2018 (Austria)

What is the Clean Vehicles Procurement Act?

The Clean Vehicles Procurement Act is sector-specific procurement law for vehicle procurement and makes environmental criteria a legal duty. It obliges public contracting authorities and operators of public local transport services to use minimum shares of clean and zero-emission vehicles when awarding contracts for vehicles or passenger transport services. The Act is a key instrument for promoting electromobility and achieving the EU climate targets.

Scope of Application

The Act applies to public contracting authorities and utilities contracting authorities that purchase, long-term rent, lease or commission the operation of passenger transport services with motor vehicles.

Covered vehicle categories:

Passenger cars and light commercial vehicles (M1, M2, N1)
Heavy commercial vehicles (N2, N3 – including buses and trucks)
Buses for public local transport

Not covered are, among others, emergency vehicles for police, fire brigade and military as well as special-purpose vehicles.

Minimum Quotas

Directive 2019/1161/EU establishes binding minimum quotas for clean vehicles in two reference periods:

Vehicle Category	Reference Period 1 (until 2025)	Reference Period 2 (2026–2030)
Cars and light commercial vehicles	38.5 % clean	38.5 % clean (50 % of which zero-emission)
Heavy commercial vehicles	10 % clean	15 % clean
Buses	45 % clean (50 % of which zero-emission)	65 % clean (50 % of which zero-emission)

"Clean" means that the vehicle complies with certain emission limits or is operated with alternative fuels; "zero-emission" denotes vehicles without tailpipe exhaust emissions (e.g. pure electric vehicles, fuel cell vehicles).

Implementation in Austria

In Austria, Directive 2019/1161/EU was implemented through an amendment to the BVergG 2018 (§ 68a BVergG 2018). Austrian public contracting authorities are likewise obliged to comply with the corresponding minimum quotas.

Practical Implementation in Award Procedures

Contracting authorities must anchor the clean-vehicles requirements already in the description of services and the award criteria. Possible instruments are:

Setting minimum requirements for vehicle technology as suitability or performance requirements
Weighting environmental criteria as award criteria
Calculating life cycle costs including CO₂ and air pollutant costs

Related Terms

FAQ

Does the Act also apply to rental and leasing contracts? Yes. The SaubFahrzeugBeschG covers not only the purchase but also rental, leasing and procurement of passenger transport services.

What happens if a contracting authority does not comply with the quotas? Violations of the obligation to comply with the minimum quotas can be asserted as procurement law violations in review proceedings; in addition, EU reporting obligations and possible infringement proceedings are imminent.

Must private companies providing public transport services also comply with the quotas? If these companies operate under a public contract (e.g. concession contract for bus lines), they are bound by the requirements of the contracting authority, who must incorporate the requirements into the contract.

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