Defossilisation in Public Procurement 2026

Definition: Defossilisation is the systematic replacement of fossil energy sources (coal, oil, natural gas) with renewable energy sources and climate-neutral alternatives, and is increasingly being integrated as a strategic objective into public procurement strategies.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU Articles 67–70, REPowerEU Plan, European Green Deal

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Defossilisation as a procurement objective

Through its procurement decisions, the public sector can actively contribute to defossilising the economy by systematically replacing fossil energy sources and products based on them with renewable alternatives. Given the volume of public procurement (around 14 % of EU GDP), the public sector plays a key role as an "anchor buyer" for defossilised products and services.

Defossilisation in procurement covers in particular:

• Switching to electricity from renewable sources
• Procuring zero-emission vehicles and machinery
• Use of climate-neutral heating and cooling solutions (heat pumps, district heating from renewable sources)
• Requirements for fossil-free fuels for service providers

Procurement-law instruments

Contracting authorities have a broad toolkit for anchoring defossilisation requirements in award procedures.

Technical specifications

The performance description can set requirements as to the energy source or carrier, for example:

• "Electricity supplied must come from renewable sources (guarantee of origin required)"
• "Vehicles used must not be powered by combustion engines"
• "Heating systems must operate without fossil fuels"

Award criteria

The share of renewable energy, the CO₂ content of the energy mix or the degree of defossilisation can be used as scorable criteria.

Contract performance clauses

Contractors can be required to refrain from using fossil energy sources during the contract term, or to increase their share of renewable energy step by step.

REPowerEU and accelerated defossilisation

With the REPowerEU Plan, the EU has accelerated defossilisation in response to the 2022 energy price crisis and is also using public procurement as an instrument to that end. Contracting authorities have been called on to push forward the procurement of renewable energy and efficient technologies and to simplify award procedures for renewable energy projects.

Distinction from decarbonisation

Defossilisation and decarbonisation are related but not identical concepts: decarbonisation covers all measures to reduce CO₂ emissions, including technical solutions such as carbon capture and storage (CCS) on fossil fuels. Defossilisation focuses specifically on replacing fossil fuels, regardless of whether their emissions are offset by other measures.

FAQ

May a contracting authority procure electricity exclusively from renewable sources? Yes. Requiring that electricity supplied be evidenced as renewable through guarantees of origin is permissible under procurement law and is linked to the subject matter of the contract.

Can contractors be required to defossilise their own production? Only to a limited extent. Requirements on the contractor's general corporate policy without a direct link to contract performance are not permissible. Requirements that relate directly to the performance of the contract being tendered are permissible.

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Last updated: January 2026 All information provided without warranty. For legally binding advice please contact a law firm specialising in procurement law.