Posílení důležitosti net-zero technologií u veřejného zadávání

As of December 30, 2025, sectoral contracting authorities will have a new obligation. When awarding above-threshold public contracts for selected net-zero technologies, they must place greater emphasis on resilience and sustainability. Net-zero technologies include, in particular, solar, wind, hydrogen, and nuclear technologies.

This change stems from EU Regulation 2024/1735 on strengthening European production of clean technologies. The aim of the regulation is to accelerate the permitting processes for the construction of new manufacturing facilities for net-zero equipment. The regulation also sets environmental requirements for their procurement and supports effective financing and investment in strategic capacities.

From the end of 2025, part of the regulation will require greater emphasis to be given to non-price evaluation criteria in sectoral above-threshold contracts. Contracting authorities will need to take into account the long-term resilience of material and technical solutions. Their ability to adapt to a changing climate is also important. The ability to ensure the security and stability of supplies will also be evaluated. These criteria apply to the technologies listed in the regulation, such as solar and wind energy systems. One of the criteria is also the contribution to resilience.

The contribution to resilience aims to strengthen the European supply chain for clean technologies. It also seeks to reduce the European Union's dependence on a single source. In some contracts, therefore, alongside price, it will be assessed whether the offered technology or its main components enhance the energy and supply security of the European Union. The list of final products and main components will be established by the implementing regulation of the European Commission, and this list will be updated regularly.

The regulation also introduces limits for cases of high or rapidly growing dependence. No more than 50% of the total value of a given technology may come from any third country. The same applies to a successful bidder or subcontractor from a third country, who may not directly supply more than 50% of the value of the main components. Violations may incur penalties of at least 10% of the value of the affected technologies. Suppliers must demonstrate compliance with these limits upon request from the contracting authority.

Contracting authorities must incorporate these restrictions into the procurement documentation and set the procurement conditions in accordance with this regulation.

Authors:

Jan Turek

Jonáš Kozák

Petra Dobravská