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Formulating biodiversity:
Enforceable clauses and models

IRICE provides you with ready-to-use formulations to integrate biodiversity requirements directly into your tender documents, agreements, contracts and reports.

Why do these formulations exist?

The gap between intention and implementation is one of the major challenges of the ecological transition in the real estate and planning sector. Local authorities, planners, and developers want to integrate biodiversity into their public procurement contracts, agreements, and reports, but often lack robust, legally defensible, and technically precise wording.

IRICE, as an independent third-party certification body (Cofrac Accreditation No. 5-0655, Certification of products, processes and services, scope available at www.cofrac.fr ), provides model clauses and wording that can be inserted directly into your contractual and regulatory documents. These clauses are not suggestions: they are binding , meaning they are enforceable because they are based on an accredited assessment framework.

These tools are aimed at local authorities (PLU, ZAC, specifications), developers (CCCT, development agreements), promoters (CSR reporting, CSRD/SFDR obligations) and project management assistants (AMO) who integrate the clauses into their calls for tenders.

Downloadable clause templates

Objective of the biodiversity mission

Clearly defines the scope and objectives of the biodiversity mission.

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Biodiversity performance requirements

Formulates the technical and performance expectations regarding biodiversity.

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Indicators, measures and expected deliverables

Details the measurable indicators and deliverables to be provided.

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Evidence, traceability and verifiability

Establishes mechanisms for documentation and independent control.

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Final validation of biodiversity performance

Describes the independent assessment and final certification procedure.

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Biodiversity performance (full version)

Complete document incorporating all CCTP elements.

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Subject and scope of biodiversity

Defines the purpose and contractual scope of the biodiversity mission.

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Biodiversity performance obligations

Formulates the contractual technical and performance obligations.

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Independent evaluation and final validation

Establishes the third-party audit and certification mechanism.

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Evidence, traceability and enforceability

It details the mechanisms of documentation and legal proof.

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Use of results and communication

Governs the contractual use and communication of results.

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Biodiversity Convention (full version)

Complete contractual document incorporating all elements.

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General framework for biodiversity restoration

General structure for presenting results in the field of biodiversity.

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Nature of the information that can be communicated

Specify what information can be made publicly available.

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Terms of use of the results

It provides a framework for the use of results in CSR and sustainability reports.

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Prohibitions and limitations on use

Establishes restrictions and precautions for the use of claims.

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Traceability and mandatory references

Requires references and documentation for legal traceability.

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Biodiversity reporting and communication (full version)

Complete document for the final presentation and communication.

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Why are there enforceable clauses?

A fundamental legal distinction

The formulations proposed by IRICE are not educational suggestions or best practices: they are binding . This means that they can be invoked by a contractor to demand compliance with their biodiversity obligations, as they are based on a framework assessed by a body accredited according to the ISO/IEC 17065 standard.

The fragility of clauses based on voluntary labels

Clauses that only reference voluntary (non-accredited) labels or promises without third-party evaluation are legally weak. Litigation can challenge their validity, interpretation, or measurability. They cannot withstand a legal challenge.

Robustness of clauses based on accredited certification

A clause referencing accredited certification (Cofrac, ISO 17065) relies on independent evidence, a public standard, and a neutral third party. It is defensible in court because it is based on objective evaluation criteria. This approach also aligns with the expectations of ESG investors and CSRD/SFDR reporting requirements.

Compliance with Directive 2024/825

EU Directive 2024/825 imposes a strict framework for environmental claims: only claims supported by independent evidence, a transparent benchmark, and third-party verification are permitted. IRICE's enforceable clauses meet these requirements, protecting both the project owner and its contractors against the risks of greenwashing.

Need support to adapt these clauses?

Our experts help you integrate these formulations into your specific documents, taking into account your regulatory and contractual context.