Labels in Procurement Law

Definition: Labels for the purposes of procurement law are certificates, test marks or attestations of any kind used to demonstrate that certain characteristics of works, supplies or services relating to environmental, social or other properties are met, provided that they satisfy the requirements of Art. 43 of Directive 2014/24/EU.

Last updated: January 2026 · Legal basis: Art. 43 Directive 2014/24/EU; BVergG 2018; GWB; § 34 VgV

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What are labels?

Labels are standardised forms of evidence certifying that a product, service or undertaking meets certain requirements – often in the areas of environmental protection, social standards or quality.

In the context of procurement law, Art. 43 of Directive 2014/24/EU enables public contracting authorities to require the submission of certain labels, provided that the subject of the contract is closely linked to the characteristics certified by the label. Labels can therefore be used:

• As proof of compliance with technical specifications (e.g. energy efficiency classes).
• As part of selection criteria (e.g. proof of an environmental management system).
• As an award criterion in tender evaluation (e.g. sustainability certificate).
• As a performance condition (e.g. compliance with certain production standards).

Well-known examples of labels relevant to procurement law:

• EU Ecolabel: Regulation (EC) No 66/2010; official EU certification for products and services with reduced environmental impact.
• EMAS (Eco-Management and Audit Scheme): Regulation (EC) No 1221/2009; European environmental management system.
• Fair Trade: Marks such as the Fairtrade seal certify social standards in supply chains; admissible under certain conditions.
• FSC/PEFC: Sustainability certificates for timber and timber products.
• ENERGY STAR: Energy efficiency certification for office equipment; in the EU partly supplemented by the Ecodesign Regulation.

Significance and function

Labels simplify proof of environmental or social characteristics, as bidders can refer to existing certifications instead of providing burdensome individual evidence.

Art. 43 Directive 2014/24/EU sets out five cumulative conditions under which a contracting authority may require the submission of a particular label:

1. Objective link: The label requirements must be linked to the subject of the contract and suitable for describing the performance characteristics.
2. Open certification process: The requirements must be established on the basis of objectively verifiable and non-discriminatory criteria.
3. Transparent award: The label must be awarded by an independent body over which the manufacturer, importer or supplier cannot exert decisive influence.
4. Accessibility: The label and its requirements must be accessible to all interested parties.
5. No exclusivity: Contracting authorities must accept equivalent labels or other equivalent evidence. A bidder who has no opportunity to obtain the required label must be allowed to submit other evidence.

The last point is particularly important in practice: requiring exclusively one specific label, without accepting equivalent alternatives, would be contrary to procurement law and would breach the principle of equal treatment.

Legal basis

The procurement-law requirements for labels are exhaustively governed by Art. 43 of Directive 2014/24/EU and transposed into national law.

• EU: Art. 43 Directive 2014/24/EU; Art. 44(2) Directive 2014/25/EU; recital 75 Directive 2014/24/EU
• Austria: BVergG 2018, § 97 ff. (technical specifications and labels); EMAS Regulation (EC) No 1221/2009
• Germany: VgV § 34 (labels); GWB § 97(4); UVgO § 23

Related terms

• Green procurement
• Award criteria
• Product neutrality
• Principle of equal treatment
• Non-discrimination
• Bill of quantities
• Tender
• Procurement procedure

FAQ

May a contracting authority prescribe the EU Ecolabel as the only acceptable proof? No. Even where the contracting authority may use the EU Ecolabel as a reference, pursuant to Art. 43(1) Directive 2014/24/EU it must accept equivalent labels or other equivalent forms of evidence. Bidders without the required label must have the opportunity to demonstrate compliance with the underlying requirements in another way.

Can Fair Trade certificates be used as labels in procurement law? In principle yes, provided that the requirements of Art. 43 Directive 2014/24/EU are met. In Max Havelaar (case C-368/10), the CJEU clarified that fair-trade criteria are permissible under certain conditions, in particular where they are objectively linked to the subject of the contract and where non-discriminatory alternatives are allowed.

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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.