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Requirement · LM-12

Apply minimum mandatory environmental sustainability requirements set out in an implementing act when procuring listed net-zero technologies.

Contracting authorities and contracting entities must comply, and this is not law yet.

Why it matters

This is a Commission proposal: it is not law yet, and it can change before it is.

  • It is Art. 34(3)(a) (amended Art. 25(1) of Regulation (EU) 2024/1735), in the Industrial Accelerator Act. as of 2026-08-17
  • The act gives its timing as: From entry into force. as of 2026-08-17
  • It names 3 industries by name: Batteries and solar, Clean tech and Power. as of 2026-08-17
  • Compliance is checked by competent authority, per tender. as of 2026-08-17
Addressee Contracting authorities and contracting entitiesAct COM(2026) 100 final, 2026/0068 (COD)Article Art. 34(3)(a) (amended Art. 25(1) of Regulation (EU) 2024/1735)Class Governments

The rule

New — no predecessor
Trigger

Procurement contract has net-zero technologies listed in Art. 4(1)(a)-(d),(h),(i) of Reg. (EU) 2024/1735 as part of the subject matter

Obligation

Apply minimum mandatory environmental sustainability requirements set out in an implementing act when procuring listed net-zero technologies.

Who is affected

Addressee
Contracting authorities and contracting entities
Class
Governments
Sectors
Names Batteries and solar, Wind, heat pumps, hydrogen, Power and heat
Applies
From entry into force

Burden drivers

D3 — 1 of 7 marks fire on this provision.

Source text

Verbatim

For public procurement procedures falling within the scope of Directive 2014/23/EU, 2014/24/EU or 2014/25/EU, where contracts have net-zero technologies listed in Article 4(1), points (a) to (d), (h) and (i), of this Regulation as part of their subject matter, or in the case of works contracts and works concessions including said technology, contracting authorities and contracting entities shall apply minimum mandatory requirements regarding environmental sustainability established in the implementing act referred to in paragraph 5 of this Article.

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