On Wednesday 22 July, the European Commission published two guidance documents on the application of Articles 25 and 26 of the Net-Zero Industry Act (NZIA), with a view to promoting criteria other than price in public procurement for clean technologies.
Article 25 imposes minimum requirements on contracting authorities concerning environmental sustainability and a contribution to the resilience of the EU’s cleantech supply chains.
Article 26 requires Member States to include certain non-price criteria in at least 30% of the volume auctioned each year for the deployment of renewable energy sources.
With regard to Article 26, the document sets out, for example, the relevant technologies (solar technologies, onshore and offshore wind technologies, heat pump and geothermal energy technologies, hydrogen technologies, including electrolysers and fuel cells, sustainable biogas and biomethane technologies, etc.).
In relation to Article 25, the document specifically explains the special condition relating to social or employment-related considerations. “Contracting authorities and contracting entities should keep in mind the aim of strategic procurement under the NZIA, i.e. the condition should have a positive social- or employment-related impact on the manufacturing of the net-zero technology which is the subject matter of the contract in question”.
In that respect, the conditions could, for example, concern the employment of persons experiencing particular social or professional difficulties, SME participation, ethical sourcing or training and apprenticeship obligations.
Links to the documents: https://aeur.eu/f/mzg ; https://aeur.eu/f/mzk ; https://aeur.eu/f/mzf (Original version in French by Solenn Paulic)