Environmental clauses
in public procurement contracts 2026
From August 22, 2026, the Climate & Resilience Law mandates the inclusion of verifiable environmental clauses in all public contracts. Biodiversity and carbon emissions from construction sites: two objective, measurable, and legally binding criteria to structure your calls for tenders.
The regulatory framework
Climate & Resilience Law (August 22, 2021)
Article 35 : From August 22, 2026, all public contracts must include in their execution conditions at least one verifiable environmental clause.
This obligation applies to all public buyers: State, local authorities, public institutions, and public law bodies.
Scope: objective and verifiable criteria
- ✓ Measurable, not declarative clauses
- ✓ Mandatory independent verification
- ✓ Biodiversity and carbon explicitly covered
Key point: The obligation covers the conditions for the execution of contracts, not just the award criteria. This means that service providers must demonstrate their compliance with the clauses throughout the project, with monitoring and verification.
Integrating biodiversity and carbon emissions from construction sites into public procurement
Article 35 is not limited to biodiversity. Construction site carbon emissions (items A4 to A9, EN 15978) are an objective and measurable environmental criterion, perfectly suited to calls for tenders for companies. Structure your clauses according to five key areas:
In the CCTP (Technical and Specific Specifications)
Demand a BPS (Positive Biodiversity Assessment) or Effinature certification as market deliverables:
- • Define the handover schedule precisely (before delivery, mid-project, end of project)
- • Specify the reference standards (HQE, BREEAM, Effinature depending on the project)
- • Require an audit by a certification body accredited according to ISO/IEC 17065
Under the conditions of execution
Set biodiversity performance milestones with independent verification:
- • Measures to protect sensitive habitats during construction
- • Integration of features that promote biodiversity (green roofs, ecological corridors, etc.)
- • Third-party compliance audits at key project stages
In the award criteria
Include a biodiversity performance criterion with a transparent scoring method:
- • Clear weighting of the criterion (e.g., 20% of the overall score)
- • Objective rating system based on recognized certifications
- • Reference to public standards (HQE, BREEAM, Effinature) for evaluation
Under the conditions of monitoring and control
Reference the IRICE public directory for compliance verification:
- • Consultation of the register of certificates validated by Cofrac
- • Compliance traceability throughout the project
- • Third-party audit documentation for market files
Construction site carbon emissions: an award criterion for company tenders
Construction site carbon (Ic_chantier) measures CO₂ emissions related to the construction phase — transport of materials, machinery, waste, site facilities, travel — according to items A4 to A9 of the EN 15978 standard. It is an objective indicator, quantifiable in kg CO₂ eq./m² , directly usable as an award criterion in a call for tenders for companies.
Why is carbon emissions from construction included in public procurement?
- → Objective and measurable: kg CO₂ eq./m², not a declaration. Each company is assessed on the same metric.
- → Leverage for action by the company: unlike carbon materials (MOA choice), carbon construction site depends directly on the company — logistical organization, waste management, choice of equipment.
- → Real differentiation: between two companies, the difference in Ic_chantier can reach 30 to 50%. The criterion truly discriminates.
- → RE2020 compatible: a measured Ic_chantier can replace the flat-rate values of RE2020 — the thresholds become stricter in 2025, 2028 and 2031.
Efficarbone is the construction site carbon measurement tool developed by IRICE. It produces traceable data, based on the emission factors of the ADEME Footprint Database, directly usable in a tender document or a final works report.
- • Preliminary carbon footprint assessment from the tender documents stage to establish a reference Ic_construction site threshold
- • Monitoring during the execution phase by the contractor
- • Final project report with measured vs. projected Ic_chantier
- • RE2020 compliant data to replace the standard values
Why require accredited certification?
Compliance with public procurement law
Public procurement law imposes three fundamental principles:
- Equality: All candidates must be evaluated according to the same objective criteria
- Transparency: The evaluation criteria and methods must be public and impartial.
- Verifiability: The requirements must be able to be independently verified
ISO/IEC 17065 Accreditation: The Solution
A certification issued by a body accredited according to the ISO/IEC 17065 standard guarantees:
- ✓ Public standards — published and consensual norms
- ✓ Independent assessment — third-party auditors with no conflicts of interest
- ✓ Public results — transparent and searchable directory
- ✓ Legal protection — resists pre-contractual injunctions
Risks of alternatives
Self-reported environmental declarations or internal assessments are no longer sufficient to meet the 2026 obligations:
- × Vulnerability to pre-contractual summary proceedings — a candidate may challenge the discriminatory or biased nature of the clause
- × Legal non-compliance — lack of independent verification
- × Low impact — no real guarantee of environmental improvement
Examples of clauses
Here are three models adapted to different types of markets. They can be customized according to your regulatory and territorial context.
Example 1: Residential construction market (GFA > 5,000 m²)
"The contractor undertakes to obtain Effinature or HQE biodiversity assessment certification before final acceptance of the work. This certification will be carried out by an accredited body according to the ISO/IEC 17065 standard. The certificate will be sent to the public purchaser and referenced in the official certification directory. The contractor must also participate in third-party audits at the following stages: end of the design phase (verification of compliance with biodiversity requirements), mid-construction (compliance with protection measures), and before delivery (completion of landscaping)."
Key points: precise deliverables schedule • mandatory certification • independent verification • public traceability
Example 2: Development operation (ZAC/SEM)
“Each development phase must include a biodiversity component assessed according to the Effinature standard or equivalent, certified by an accredited body according to ISO/IEC 17065. The implementation conditions require: (1) mapping of ecological issues at the start of each phase, (2) habitat conservation plan during the works, (3) creation of a minimum of 200 m² of green roofs and 500 m² of ecological corridors per hectare developed, (4) independent audit during the implementation phase by a certified third-party auditor.”
Key points: measurable biodiversity objectives • work phase timeline • independent monitoring • verifiable elements
Example 3: Award criterion (weighting in the offer)
"Award criteria: Environmental performance and biodiversity (20% of the overall score). Scoring grid: (5 pts) HQE or Effinature certification initiated before the end of year N+1; (10 pts) Certification obtained with a biodiversity score ≥ 40/100; (15 pts) Certification obtained with a biodiversity score ≥ 60/100; (20 pts) Certification with a biodiversity score ≥ 75/100 + commitment to post-delivery performance monitoring for 2 years."
Key points: explicit weighting • objective and public grid • reference to recognized certifications • clear differentiation of offers
Example 4: Construction site carbon criterion in a call for tenders for companies
"Award criterion: Carbon footprint of the construction phase (15% of the overall score). The candidate will provide a preliminary carbon footprint assessment (items A4 to A9 according to EN 15978) based on emission factors from the ADEME Footprint Database or equivalent. Scoring grid: (5 pts) preliminary carbon footprint assessment provided with detailed methodology; (10 pts) projected carbon footprint below the reference threshold set by the project owner; (15 pts) projected carbon footprint 20% below the reference threshold + commitment to monitoring during the execution phase with a final works report comparing measured and projected values."
Key points: indicator in kg CO₂ eq./m² • EN 15978 standard • lever for business action • compatible with RE2020 (measured vs. standard values)
Example 5: Combined clause on biodiversity and construction site carbon
“Environmental performance conditions: The contractor undertakes to (1) obtain Effinature certification issued by an accredited body according to ISO/IEC 17065 before final acceptance, and (2) provide a measured Ic_chantier assessment (items A4 to A9, EN 15978, ADEME Base Footprint factors) in the final works report. Failure to comply with either of these conditions constitutes a breach of contractual obligations and may result in the application of the penalties stipulated in the CCAP.”
Key points: dual biodiversity and carbon requirements • contractual enforceability • third-party verification + measured data
Note: These examples are guidelines. Each local authority or public buyer must adapt these clauses to its specific territorial context, strategic objectives, and monitoring capabilities. Consult a public procurement law expert to ensure compliance before launching a call for tenders.
Frequently Asked Questions
Yes. The Public Procurement Code (art. L2152-7 et seq.) allows for the integration of environmental criteria into the performance conditions or award criteria. Biodiversity certification can be required as a performance condition or valued as a selection criterion.
The BPS provides a quantitative and objective scoring that can feed into a weighted award criterion. The buyer must ensure non-discrimination (the criterion must be linked to the subject of the contract) and transparency of the scoring.
The two types of clauses are complementary and not competing. A Water Framework can simultaneously integrate biodiversity (BPS, Effinature) and carbon (Efficarbone) requirements. This reflects the dual requirement of the CSRD (E1 + E4) and Taxonomy (DNSH) frameworks across all objectives.
Biodiversity and carbon emissions from construction sites in your public procurement contracts
The 2026 obligation is coming. Explore our biodiversity clause templates (Effinature, BPS) and construction carbon clauses (Efficarbone, Ic_chantier) to structure your next calls for tenders.
A question about the integration of environmental clauses?
IRICE provides services in biodiversity certification (Effinature, BPS) and construction site carbon measurement (Efficarbone). Our qualified Biodiversity Partners act as independent consultants to help you draft your clauses and structure your environmental strategy.
Contact IRICEConsult the IRICE directory of certified projects
Discover Effinature, HQE, and BREEAM certified projects in France. Consult the public results and verify the compliance of your future service providers.
Access the directory