Mandatory environmental clauses in public procurement contracts (2026)
What will change from 2026 onwards
From 2026 onwards, the integration of environmental considerations into public procurement will become mandatory, pursuant to Article 35 of Law No. 2021-1104 of August 22, 2021, said Climate and Resilience Law.
From 2026 onwards, the integration of environmental considerations into public procurement will become mandatory, pursuant to Article 35 of Law No. 2021-1104 of August 22, 2021, said Climate and Resilience Law.
This development marks a change in the legal regime: environmental requirements are no longer a matter of option or purchasing policy, but become a structuring legal obligation of public procurement.
You are directly affected if:
- Your contract is worth more than €40,000 excluding VAT
- It is published starting in 2026
- It relates to works, services or supplies
- It falls under an adapted or formalized procedure
In these cases, at least one environmental clause must be included in the consultation file.
Legal basis
The reform falls within the framework of the Public Procurement Code, in particular:
- Article L.2111-1 : consideration of sustainable development objectives in the definition of the need;
- Article L.2112-2 : conditions of execution related to the subject of the contract;
- Article L.2152-7 : award criteria incorporating environmental considerations;
- Article L.3114-2 : Obligations applicable to concessions.
- formalized in the specific contract documents,
- verifiable using objective methods,
- subject to effective control,
- accompanied by penalties in case of failure to comply.
Effective date
The obligation will apply no later than in August 2026a decree specifying the exact date of operational entry into force.
In practice, public buyers are encouraged to anticipate this as early as 2025, in accordance with the objectives of the National Plan for Sustainable Procurement (PNAD), which aims to:
In practice, public buyers are encouraged to anticipate this as early as 2025, in accordance with the objectives of the National Plan for Sustainable Procurement (PNAD), which aims to:
- 100% of markets incorporating at least one environmental criterion,
- 30% of markets also include a social criterion.
Minimum requirements applicable to all public contracts
From 2026 onwards, all public contracts and concessions must include, at a minimum:
1. An environmental award criterion
This criterion should allow for the evaluation of bids with regard to their environmental performance, for example:
3. Technical specifications incorporating sustainable development
From the initial definition of the need (technical specifications), the technical specifications may impose:
1. An environmental award criterion
This criterion should allow for the evaluation of bids with regard to their environmental performance, for example:
- greenhouse gas emissions,
- energy consumption,
- circularity of materials,
- impact on natural resources.
2. An environmental clause for implementation.
The implementation conditions must include environmental requirements relating to:
The implementation conditions must include environmental requirements relating to:
- energy,
- the materials,
- waste,
- transportation,
- the organization of the construction site or service.
- proportionate,
- verifiable,
- controllable during the execution of the contract.
3. Technical specifications incorporating sustainable development
From the initial definition of the need (technical specifications), the technical specifications may impose:
- performance thresholds,
- environmental characteristics of the products,
- traceability or justification requirements.
Examples of enforceable environmental clauses
| Formulation | Level | Conditions of validity |
|---|---|---|
| “At least 30% certified recycled materials” | Technical specifications | Supporting documents required |
| "Emissions ≤ X kg CO₂/m²" | Conditions of execution | Calculation method defined |
| "Waste management plan with traceability" | Execution | Control and penalties |
A key point to consider: the link to the subject matter of the contract
Environmental requirements must be strictly linked to the subject matter of the contract, at any stage of its life cycle.
Excluded are:
- the requirements relating to the company's general CSR policy,
- global commitments not linked to the service performed.
Risk in the absence of an environmental clause
The absence of an enforceable environmental clause from 2026 onwards may lead to:
- A legal weakening of the market
- A risk of pre-contractual summary proceedings
- A challenge to the legality review
- A review of the procedure in the event of a dispute
The obligation does not concern the display of an intention, but the integration of a legally enforceable clause.
IRICE reading: from legal obligation to enforceability
The obligation to include environmental clauses is not in itself sufficient to legally secure a public decision. An environmental requirement is only enforceable if:
- It is formalized contractually
- It is based on measurable criteria,
- It is verified by an objective method
- It is subject to effective control,
- It comes with consequences in case of non-compliance.
Its role is to independently assess, verify and certify the conformity of a project or service to explicit requirements.
How to transform the obligation into a structured environmental criterion?
From 2026 onwards, the challenge will no longer be to integrate a clause, but to define an objective environmental criterion. Two approaches are possible:
- Drafting an isolated environmental clause
- Based on a structured framework incorporating verifiable indicators
A criterion based on a recognized methodological framework allows for:
- traceability of requirements,
- verifiability of commitments
- enhanced legal protection.
Based on a biodiversity or environmental framework
In works or development contracts, the environmental criterion may notably relate to:
- the biodiversity performance of the project,
- reducing ecological pressures,
- the ecological quality of the delivered site.
Structured assessment tools make it possible to objectify these criteria and ensure their verifiability.
Backing with an environmental certification that integrates biodiversity (such as Effinature) allows the criterion to be integrated from the programming phase and ensures consistency until delivery.
A score can be used as an award criterion, while certification can be required as a condition for contract execution.
Operational translation for public buyers
In practice, the 2026 obligation transforms the environmental criterion into a structuring element of the award decision.
Without a formalized evaluation method, the justification for the assigned grade can become fragile in the event of a dispute.
The integration of an objective score or an independent certification makes it possible to anticipate this risk and to secure the procedure.
Without a numerical indicator, the justification for the score assigned to the selected offer can become fragile in the event of a dispute.
A weighted environmental criterion without a quantified indicator complicates the demonstration of the objectivity of the decision.
Integrating an objective biodiversity criterion: an operational method
From 2026 onwards, defining a biodiversity criterion in a public contract implies the implementation of an objective scoring method.
A general formulation does not allow for a homogeneous comparison of offers, nor does it justify the weighting used.
In this context, the use of a structured biodiversity score is the most directly applicable method as an allocation criterion.
The Biodiversity Performance Score (BPS) allows:
- to assign a quantifiable and traceable grade,
- to define a clear weighting of the environmental criterion,
- to compare offers on an identical methodological basis,
- to secure the award decision in case of dispute.
In practice, a structured score simplifies the drafting of the tender documents and the traceability of the decision.
A numerical score transforms a declarative criterion into a measurable, comparable and opposable criterion.
When the community wishes to go beyond the sole award criterion, a structured environmental certification can be integrated as a condition for the execution of the contract.
Example of integration into a public procurement process
Award criteria:
“The project’s environmental performance is assessed against a structured framework that includes verifiable biodiversity indicators.”
Evaluation methods:
- rating based on an objective score,
- Independent verification possible
- document traceability.
Environmental clauses in public procurement contracts 2026
From regulatory obligation to assessment method:
The obligation to include an environmental clause leads, in practice, to the definition of an assessment method. Without a structured method, the environmental criterion remains declarative. With a score or structured certification, the criterion becomes measurable, comparable, and enforceable.
A score can be used as an award criterion, while a structured certification can be integrated as a condition for the execution of the contract.
Why is a simple declarative criterion insufficient?
An environmental criterion based solely on a qualitative description has three limitations:
- difficulty in objectively comparing offers
- absence of a verifiable scoring method,
- vulnerability in the event of litigation.
Conversely, a criterion based on a structured indicator allows for:
- transparent rating,
- data traceability,
- an independent verification.
A general formulation without a measurable indicator makes it difficult to justify the weighting used and the final grade awarded.
In the absence of an objective indicator, the comparison of offers relies on a qualitative assessment that is difficult to defend.
An isolated writing process without a structured methodological framework makes justifying the assigned grade more complex in the event of an audit or appeal.
Operational Checklist 2026
Before publishing, please check:
- The presence of at least one environmental clause
- The direct link to the object of the market
- The ability to control and verify
- The absence of a general or non-measurable formulation
An unverifiable clause can be considered legally weak.
Why anticipate now?
As 2026 approaches, public buyers are exposed to several risks:
- clauses that are inoperative or inapplicable,
- disputes related to the lack of connection with the subject matter of the contract,
- inability to demonstrate environmental compliance,
- weakening of allocation decisions.
- to legally secure the markets,
- to make environmental requirements truly operational,
- to have verifiable and usable evidence.
To go further
- You formulate public contracts
. Legal structuring of environmental clauses and contractual requirements. - You must environmental
compliance , independence, traceability and production of enforceable evidence. - You must assess or certify an environmental and biodiversity certification project
based on verifiable standards.
This page provides a legal summary based on the texts in force and their consistent interpretations at the date of publication.IRICE ensures continuous regulatory monitoring of environmental obligations applicable to public procurement.
Need methodological support?
Compliance by 2026 now requires a legally secure assessment method.
She assumes:
- the definition of an objective environmental criterion,
- the choice of measurable indicators,
- the legal security of the rating.
IRICE can provide technical support on:
- the structuring of a biodiversity criterion linked to a score (BPS),
- the integration of environmental certification into the market (Effinature),
- prior compliance analysis before publication.
Discover the Biodiversity Performance Score (BPS)
Integrating Effinature certification into a public procurement contract