CO2 Equivalent in Public Procurement Law 2026

CO2 equivalent in public procurement: unit of measurement for greenhouse gas emissions as a basis for climate-related award criteria and performance requirements.

Definition: The CO2 equivalent (CO2e) is a unit of measurement for the consistent assessment of different greenhouse gases according to their climate impact relative to carbon dioxide and serves in public procurement as a measurable basis for climate-related requirements and award criteria.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Article 67, Clean Vehicle Directive 2019/1161/EU, GWB Section 97(3)

What is the CO2 equivalent?

The CO2 equivalent (CO2e or CO2eq) is the standardised unit of measurement for greenhouse gas emissions that converts all relevant climate gases to the effectiveness of carbon dioxide. Because different greenhouse gases contribute differently to global warming, they are normalised using the so-called Global Warming Potential (GWP) factor. Methane (CH4), for example, has a GWP of around 28–34 (over 100 years); nitrous oxide (N2O) of around 265–298.

The unit is expressed in tonnes of CO2 equivalent (tCO2e) or kilograms of CO2 equivalent (kgCO2e) and enables a direct comparison of the climate impact of different products, services and construction works.

Significance for public procurement

As the largest single purchaser in many economies, the public sector can make a significant contribution to achieving climate targets by integrating CO2 equivalent requirements into procurement procedures. In the context of the European Green Deal and national climate protection laws (Germany: Climate Protection Act 2021; Austria: Climate Protection Act), climate-friendly procurement is increasingly becoming a mandatory task for contracting authorities.

Use as an award criterion

CO2 equivalent values can be used as measurable award criteria in procurement procedures, provided there is a link to the subject matter of the contract and the criteria are formulated transparently and verifiably.

Typical use cases:

Vehicle procurement: Evaluation of life-cycle emissions in accordance with the Clean Vehicle Directive (Directive 2019/1161/EU)
Energy supplies: CO2 intensity of electricity supplied (g CO2e/kWh)
Building materials: Global Warming Potential (GWP) according to EPD (Environmental Product Declaration)
Catering and food procurement: Emissions per kilogram of food (by product category)
IT procurement: Scope 1 and Scope 2 emissions from device manufacturing

Evidence requirements

When using CO2 equivalent criteria, contracting authorities must lay down clear and verifiable evidence requirements.

Recognised evidence:

Life-cycle assessments (LCA) according to ISO 14040/14044
Environmental Product Declarations (EPD) according to ISO 14025 / EN 15804
Manufacturer data based on the GHG Protocol
Certifications (e.g. Carbon Footprint Certification)

Contracting authorities may not prescribe a specific calculation method if equivalent methods produce comparable results.

Life-cycle costs and CO2 pricing

An advanced method is the internalisation of CO2 costs via life-cycle costing: contracting authorities can apply a shadow price for CO2 emissions and thus make climate-damaging products "more expensive" in the evaluation. Article 68 of Directive 2014/24/EU expressly empowers contracting authorities to take environmental externalities into account in life-cycle costing.

FAQ

How does CO2 equivalent differ from CO2 footprint? The CO2 footprint is the result of the calculation and is expressed in CO2 equivalents. The CO2 equivalent is the unit of measurement; the footprint is the measured or calculated quantity of emissions in this unit.

Is it permissible to consider only CO2 emissions and ignore other greenhouse gases? Legally admissible, but not advisable from a technical perspective. For products with high methane or nitrous oxide emissions (e.g. food, agriculture), focusing solely on CO2 would significantly underestimate the climate impact.

Are there binding requirements for CO2 equivalent assessment in German procurement procedures? The Clean Vehicle Directive contains binding minimum quotas for low-emission vehicles for vehicle procurement. Elsewhere, CO2 criteria are predominantly voluntary so far, but are increasingly supported by sustainable procurement action plans.

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