Emissions in Public Procurement 2026

Emissions in public procurement: climate protection requirements, CO₂ criteria, life-cycle costs, and green procurement in public contracts in Austria and Germany.

Definition: In a procurement law context, emissions refer to the release of greenhouse gases and other pollutants generated during the production, operation, or disposal of procured products and services and which may be used as a criterion in bid evaluation or the specification of works.

Last updated: January 2026 · Legal basis: Art. 67–68 Directive 2014/24/EU, § 58 VgV, Clean Vehicles Procurement Act (SaubFahrzeugBeschG), BVergG 2018

Emissions as a procurement criterion

Public contracting authorities can and should include emissions aspects in their procurement decisions in order to support the climate protection objectives of the EU and the Member States. Procurement law provides various starting points for this: emissions requirements can be anchored in the specification of works (technical specifications), as award criteria, or as contract performance conditions.

Emissions in the specification of works

Contracting authorities can set specific emission limits or standards in the specification of works. Examples:

Maximum CO₂ emissions per vehicle-kilometre in vehicle procurement
Energy efficiency classes in the procurement of devices and equipment
Maximum VOC emissions (volatile organic compounds) in construction products
Emission standards for construction machinery (e.g. EURO emission standards)

Emissions as an award criterion

Emissions can be included as a weighted award criterion in bid evaluation, for example in the form of life-cycle cost calculations that internalise the CO₂ price. The life-cycle cost methodology is governed by Art. 68 Directive 2014/24/EU and allows the costs of external environmental impacts to be included, provided that the monetary value is objectively determinable and verifiable.

Clean Vehicles Procurement Act

In Germany, the Clean Vehicles Procurement Act (SaubFahrzeugBeschG) requires public contracting authorities to procure a defined minimum share of low-emission or zero-emission vehicles from certain contract volumes. The minimum shares vary by vehicle category and time period and must be complied with.

Green Public Procurement (GPP)

Green Public Procurement (GPP) is the more comprehensive strategy to integrate environmental aspects – including emissions – into all procurement decisions. The European Commission has developed GPP criteria for various product groups that contracting authorities can apply voluntarily.

FAQ

May the contracting authority prescribe emissions neutrality as a mandatory requirement? Yes, provided that this is proportionate, related to the contract, and non-discriminatory. Excessively restrictive requirements that limit competition to a few providers may breach procurement law.

How are CO₂ emissions evaluated in life-cycle cost calculations? Usually through a CO₂ shadow price (price per tonne of CO₂ equivalent) based on actual or projected emissions and included in the total cost calculation.

Do emissions requirements also apply to subcontractors? Yes, if the contracting authority sets this out accordingly in the contract performance conditions. Contractors are then obliged to pass the requirements on to their subcontractors.

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