The Commission has published 2 guidance documents on the application of Article 25 and Article 26 of the Net-Zero Industry Act. Together, they aim to leverage public demand to strengthen Europe’s manufacturing base for net-zero technologies, by ensuring that public spending rewards not only the lowest price but also the contribution of projects and products to the sustainability and resilience of the EU’s clean energy supply chains.
Article 25 requires contracting authorities to apply minimum requirements on environmental sustainability and a resilience contribution to diversify cleantech supply in the EU, in public procurement procedures for net-zero technologies.
Article 26 requires EU countries to apply non-price criteria in auctions for the deployment of renewable energy sources, both as pre-qualification and as award criteria. They cover requirements ranging from responsible business conduct, cybersecurity and data security, to the ability to deliver projects fully and on time, and the sustainability and resilience contribution of auctions.
The guidance documents should help to clarify to contracting authorities, EU authorities and market participants on how to apply these requirements in practice, to ensure implementation. They respond to questions raised by national authorities and stakeholders since 30 December 2025, the date of application of the obligations. The overall aim is ensure consistent and proportionate application of the requirements across the EU.
Background
The Net-Zero Industry Act entered into force in June 2024 with the aim to scale up the EU’s manufacturing capacity for the net-zero technologies needed to meet the EU’s climate and energy targets, while reducing strategic dependencies. Non-price criteria in public procurement and renewable energy auctions are among its key instruments to achieve this.
