Public procurement of clean technologies: new environmental requirements from 2026

Key data

Manufacturers and distributors of clean technologies seeking access to European public contracts face a new entry requirement: accrediting compliance with minimum environmental standards defined by Implementing Regulation (EU) 2026/718. The regulation, in force since 20 March 2026, is not a recommendation: it is a mandatory requirement in public procurement procedures involving strategic net-zero emissions technologies.

The regulation develops the Net-Zero Industry Act (EU) 2024/1735, which already established the general framework to boost European manufacturing of clean technologies. This new implementing text specifies what authorities must measure, assess and require when purchasing these technologies.

What does this regulation establish?

Implementing Regulation (EU) 2026/718 requires contracting authorities to include minimum environmental sustainability criteria in their public procurement specifications when acquiring strategic net-zero emissions technologies. The four criteria that must be assessed are:

• Carbon footprint: CO2 equivalent emissions associated with the product's life cycle.
• Durability: expected useful life of the product and resistance to degradation.
• Recyclability: capacity of materials and components to be recovered at the end of their useful life.
• Efficiency: energy or functional performance of the product under conditions of use.

Companies wishing to bid for these contracts must provide documentary evidence of compliance with these standards. Declaring compliance is not sufficient: the regulation requires manufacturers and distributors to have the technical documentation and certifications to demonstrate it.

The regulation is part of the EU's green industrial policy and has an explicit protective effect: by setting minimum environmental standards, it makes it more difficult for imported products that do not meet these requirements to access European public contracts, creating a competitive advantage for European manufacturers.

Economic and operational impact

The impact goes beyond documentary compliance. There are three economic and operational dimensions that companies must consider:

• Access to public contracts: without accreditation of the four criteria, the company is directly excluded from the affected tendering procedures. This may result in the loss of high-value contracts in sectors such as renewable energy, energy storage, heat pumps or electrolysers.
• Cost of documentary adaptation: companies that do not yet have carbon footprint certifications, life cycle assessments or recyclability reports will need to invest in obtaining them. The cost varies depending on the product and the certifying body, but involves time and technical resources.
• Competitive advantage over imports: European manufacturers that already meet these standards gain a stronger position against competitors from third countries with lower environmental requirements, who will be unable to accredit compliance in procurement specifications.

For contracting authorities, the impact is operational: they must review and update their standard procurement specification templates to incorporate these criteria as mandatory requirements in the affected procedures.

Who is affected?

• Manufacturers of strategic net-zero emissions technologies wishing to tender for European public contracts.
• Distributors and resellers of clean technologies acting as tenderers in public procurement procedures.
• SMEs in the technology and energy sectors that do not yet have the technical documentation or environmental certifications adapted to these criteria.
• Contracting public authorities throughout the EU, which must incorporate these minimum criteria into their procurement specifications as a mandatory requirement.
• Public procurement managers and contracting officers in public bodies that manage tenders for technological or energy equipment.
• CFOs and operations directors of companies in the sector who must assess the cost of adaptation against the value of the public contracts at stake.

Practical example

A Spanish SME manufacturing energy storage systems wants to participate in a public tender called by a regional government to equip renewable energy installations. The contract has an estimated value of 2 million euros.

Until now, the company submitted its bid with standard technical specifications. With Regulation (EU) 2026/718 in force since 20 March 2026, the tender specifications must mandatorily include the four environmental criteria: carbon footprint, durability, recyclability and efficiency.

If the company does not have a certified life cycle assessment or a carbon footprint report for its product, it will be unable to accredit compliance and will be excluded from the procedure, regardless of the technical quality or price of its bid. To avoid losing the contract, it must obtain the relevant certifications beforehand.

Conversely, a Chinese competitor without these certifications will also be unable to accredit compliance, which reduces competitive pressure on European manufacturers that are already adapted.

What should companies do now?

1. Verify whether their products fall within the scope of application: identify whether the company manufactures or distributes strategic net-zero emissions technologies that may be subject to public procurement in the EU.
2. Audit available technical documentation: check whether certifications or reports are already in place to accredit the four required criteria: carbon footprint, durability, recyclability and efficiency.
3. Initiate the certification process where gaps exist: engage accredited bodies to carry out life cycle assessments, carbon footprint calculations and recyclability evaluations for the affected products.
4. Update standard procurement specifications if acting as a contracting authority: procurement managers must review their specification templates and incorporate the minimum criteria of Regulation (EU) 2026/718 into all procedures involving zero-emissions technologies.
5. Assess the impact on commercial strategy: CFOs and business directors must quantify the volume of public contracts at risk if no action is taken, and compare this with the cost of obtaining the necessary certifications.

Official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=OJ:L_202600718