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Use of sustainability criteria as an award factor in public procurement

November 01, 2025

Did you know that

…the new Construction Products Regulation encourages the use of sustainability criteria as an award factor in public contracts?

Public contracts represent 14% of the European Union's GDP. In order to reinforce the use of sustainable construction products, which will contribute to the objective of achieving climate neutrality, improving energy and resource efficiency, and transitioning to a circular economy that protects public health and biodiversity, Member States' public procurement practices should comply with the mandatory minimum performance requirements for the environmental sustainability of construction products established by delegated acts. The Commission must decide on the essential characteristics to be addressed and their application in the form of one or more of the following elements: technical specifications, selection criteria, contract execution clauses, or contract award criteria. The mandatory minimum performance requirements regarding environmental sustainability only concern essential characteristics and do not preclude Member States from being more ambitious in their contracts, requiring better performance for the relevant essential characteristics, while respecting the harmonized domain.

Contracting authorities and contracting entities should, where applicable, be required to align their public contracts with specific criteria on green public procurement, to be established in the delegated acts referred to in Regulation (EU) 2024/3110. Criteria for specific product families or product categories should be met whenever contracts require mandatory minimum environmental sustainability performance for construction products with regard to their essential characteristics covered by harmonized technical specifications. These minimum requirements should be established according to transparent, objective and non-discriminatory criteria.

This change aims to boost the circular economy, stimulate the market for more sustainable building materials and promote green innovation. By encouraging conscious and judicious procurement practices, the regulation signals a significant transition towards a more sustainable and resilient construction sector, aligning with the objectives of the European Green Deal and the European Union's climate goals.

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