Green Fuels in Procurement Law 2026

Definition: Green fuels are fuels based on renewable energy – in particular hydrogen, biofuels, synthetic fuels (e-fuels) and biogas – used in public procurement as a criterion for climate-friendly procurement when purchasing vehicles and transport services.

Last updated: January 2026 · Legal basis: Directive 2009/33/EC as amended by Directive 2019/1161/EU (Clean Vehicles Directive); § 68 VgV; § 108 BVergG 2018

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What are green fuels in the procurement context?

Green fuels play a central role in public procurement above all when purchasing vehicles, fleets and transport services, since the Clean Vehicles Directive (CVD) obliges public contracting authorities to comply with minimum quotas for clean vehicles when procuring vehicles. Vehicles using green fuels may, depending on the fuel type and CO₂ emission value, qualify as "clean vehicles" within the meaning of the CVD.

Directive 2019/1161/EU defines "clean vehicles" by CO₂ and pollutant limits and distinguishes between passenger cars, light commercial vehicles and heavy-duty vehicles (trucks, buses). Stricter minimum quotas apply from 2026.

Relevant fuel types

Green fuels relevant in the procurement context include:

• Green hydrogen (H₂): Produced from renewable electricity via electrolysis; nearly CO₂-neutral
• Biofuels (biodiesel, bioethanol): From biogenic feedstocks; sustainability criteria of the Renewable Energy Directive (RED II/RED III) apply
• Compressed biogas (bio-CNG) / biomethane (bio-LNG): From organic waste or renewable raw materials
• Synthetic fuels (e-fuels): Produced from renewable electricity and CO₂; currently still cost-intensive
• Green electricity (for electric vehicles): Technically not a fuel, but functionally comparable

Inclusion in procurement procedures

Contracting authorities can integrate green fuels into tenders for vehicles and transport services as award criteria, technical specifications or contract conditions.

Possible approaches:

• Technical minimum requirements: Vehicles must use a particular fuel type
• Award criterion: Bonus points for particularly low-emission drive systems
• Contractual obligations: The contractor must use and document the use of green fuels during the contract term

Verification and monitoring

The use of green fuels must be evidenced by appropriate proof, e.g. fuel delivery notes, guarantees of origin (Renewable Energy Directive) or emission reports. Contracting authorities should include monitoring obligations in the contract to verify the actual use of green fuels during the contract term.

FAQ

Are public contracting authorities obliged to require green fuels in tenders? Not directly. The CVD obliges them to comply with minimum quotas for clean vehicles, which indirectly favours the use of green fuels. There is no direct obligation to put green fuels out to tender.

May a contracting authority tender exclusively for vehicles running on green fuels? Yes, provided this is objectively justified and proportionate and does not constitute a disproportionate restriction of the market.

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