Recycling in Procurement Law 2026

Recycling in procurement law: sustainable procurement and circular economy as award criteria in public contracts.

Definition: Recycling in the procurement law context refers to the consideration of recyclability, recycling rates and recycled content as requirements or award criteria in the procurement of goods and services by public contracting authorities.

Last updated: January 2026 · Legal basis: Art. 67 Directive 2014/24/EU; § 127 GWB; Circular Economy Act (KrWG); § 58 BVergG 2018

Recycling and Sustainable Procurement in Procurement Law

Recycling and the circular economy are integral parts of sustainable public procurement, expressly enabled and promoted by EU law and national procurement law. Public contracting authorities can and should take environmental aspects into account when procuring – including recyclability, recycled content and waste avoidance – as award criteria or technical requirements.

The public procurement volume in Germany and Austria amounts to several hundred billion euros per year; through targeted recycling requirements, the public sector can significantly advance the circular economy through its demand power.

Procurement Law Instruments for Recycling Requirements

Recycling requirements can be anchored at various levels of the award procedure:

Technical Specifications

Contracting authorities can specify in the description of services that products must contain a minimum proportion of recycled materials or must be recyclable after use (e.g. minimum recycled content for plastics, design for recyclability).

Award Criteria

Recycling properties can be set as a qualitative award criterion, e.g. through points for a higher recycled content or an improved recycling concept for old equipment.

Performance Conditions

Contracting authorities can prescribe compliance with certain recycling obligations as a contract condition, e.g. take-back of old equipment or the recycling rate for construction waste.

Life Cycle Costs

Including end-of-life disposal costs in the overall cost assessment creates incentives for recycling-friendly product design.

Legal Foundations

At EU level, Art. 67 of Directive 2014/24/EU expressly permits environment-related award criteria including recycling properties. In Germany, the Circular Economy Act (KrWG) and the Environmental Labelling Act specify the requirements. The EU Circular Economy Action Plans (2015, 2020) and the Ecodesign Regulation set additional framework conditions.

Eco-Labels and Certifications

Contracting authorities can require proof of recycling properties through recognised labels, e.g. the Blue Angel (Germany), the EU Ecolabel or industry-specific certifications. The requirements must be proportionate and non-discriminatory; equivalent evidence must be accepted.

Related Terms

FAQ

Can contracting authorities mandatorily prescribe that products must be recyclable? Yes, provided the requirement is contract-related, proportionate and non-discriminatory. It must not be formulated in such a way that it excludes certain products without objective reason.

Can recycling rates for construction waste be prescribed? Yes. Contracting authorities can prescribe within the scope of performance conditions that construction waste must be recycled at a certain percentage.

How is compliance with recycling requirements monitored? Through contractual proof obligations, certificates and, if necessary, audits. Violations can be sanctioned as breaches of contract.

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