Emission Control Law in Procurement Law 2026

Emission control law governs protection against environmental impacts and is relevant in procurement law as an eligibility requirement and condition of performance.

Definition: Emission control law is the area of law that governs the protection of human beings, animals, plants and the environment against harmful environmental impacts (noise, air pollution, vibrations, etc.) and is relevant in public procurement law as the legal framework for eligibility requirements, conditions of performance and contract terms in environmentally sensitive contracts.

Last updated: January 2026 · Legal status: BImSchG (Germany); LuftQG, AWG 2002 (Austria); Directive 2010/75/EU (industrial emissions)

What is emission control law?

Emission control law comprises all rules on protection against immissions – that is, impacts from air, noise, vibrations, light, heat, radiation or similar environmental factors. In German law, the Federal Emission Control Act (Bundes-Immissionsschutzgesetz, BImSchG) is the central legal basis. In Austria, the relevant statutes are in particular the Trade Act (GewO 1994), the Air Quality Act and the Waste Management Act 2002 (AWG 2002).

Relevance in the procurement procedure

Emission control law is relevant in the procurement procedure on several levels:

Eligibility requirements

Contracting authorities may require bidders to hold the necessary authorisations and permits under emission control law where the contract concerns an installation or activity subject to authorisation. Examples: the operation of waste treatment plants, noise-intensive construction machinery.

Conditions of performance

Contracting authorities may include binding noise and emission limits as conditions of performance in contracts (e.g. noise limits on construction sites, emission limits for construction machinery under Directive 2000/14/EC).

Technical specifications

For the procurement of vehicles, machinery and plant, emission standards may be set as minimum technical requirements (e.g. EU emission stage, noise emission classes).

BImSchG authorisations as evidence of eligibility

Companies that wish to operate an installation requiring authorisation under the BImSchG need an installation permit; the absence of a required permit may be treated as a ground for exclusion in the procurement procedure. For contracts involving the operation of such installations (e.g. waste disposal, electricity generation), evidence of the authorisation under emission control law is a permissible eligibility criterion.

FAQ

Can a bidder take part in a tender without the necessary BImSchG authorisation? In principle, no, where the authorisation is necessary for performance of the contract. The contracting authority may, however, provide that the authorisation need only be in place at the time the contract is awarded.

May contracting authorities require stricter emission limits than are statutorily prescribed? Yes, provided the additional requirements are objectively justified, proportionate and non-discriminatory.

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