Biodiversity and construction carbon
in your contractual documents

Scope

The purpose of this article is to define the general framework within which biodiversity is taken into account in the consultation, as well as the project owner's expectations regarding biodiversity performance.

Main provision

Where biodiversity is used as a criterion for assessing the project, it shall be understood as a performance to be demonstrated, and not as a mere intention or declaration of commitment.

Candidates are expected to demonstrate their ability to propose an approach that enables:

• the definition of objectifiable biodiversity targets;
• the production of verifiable evidence to assess the project's effects on natural habitats and biodiversity;
• the compilation of an evidence base compatible with an independent assessment.

Proposals relying exclusively on declarative commitments, unverifiable qualitative approaches, or self-assessment mechanisms do not meet the stated expectations.

Scope of the project owner's expectations

The project owner's expectations relate to:

• the overall coherence of the proposed approach with regard to the project's biodiversity issues;
• the ability of the approach to produce assessable and verifiable results;
• the clarity of elements enabling the analysis and comparison of tenders.

This article does not prescribe any specific framework, method, tool or organisation.

Usage notes

(for information purposes, non-normative)

This clause aims to clearly frame the expected level of requirement, establish an operational definition of biodiversity performance, secure the analysis of tenders upstream, and avoid any ambiguity about the scope of expected commitments.

Scope

The purpose of this article is to clarify the distinction made by the project owner between project advisory services and biodiversity performance assessment services, for the purposes of tender analysis.

Main provision

Project advisory refers to services aimed at assisting the project owner or design teams in integrating biodiversity into the project, notably through advisory, guidance or optimisation actions.

Biodiversity performance assessment aims to appraise, in an impartial and verifiable manner, the project's effects on natural habitats and biodiversity, against defined objectives.

These two services serve distinct purposes and shall not be treated as equivalent.

In the context of tender analysis, the project owner distinguishes between:

• elements relating to project advisory;
• elements relating to biodiversity performance assessment.

Proposals that do not clearly identify this distinction, or that rely on a conflation of advisory and assessment, may affect the admissibility or quality of the tender.

A candidate's participation in project advisory services does not, in itself, constitute the ability to produce a biodiversity performance assessment that meets the project owner's expectations.

Usage notes

(for information purposes, non-normative)

This clause aims to clarify the scope considered in the analysis of tenders, prevent any conflation of advisory and assessment, guarantee the impartiality of appraisals, and legally secure the analysis phase.

Main provision

The biodiversity performance assessment must be carried out in an independent, impartial and verifiable manner.

As such, it cannot be performed by an entity that has participated, directly or indirectly, in the design, guidance, optimisation or implementation of the project's biodiversity aspects.

Candidates must be able to demonstrate the absence of any actual or potential conflict of interest between project advisory services and biodiversity performance assessment services.

Candidates shall specify, in their tender, the arrangements adopted to guarantee assessment independence, including:

• the distinction between the entities or teams involved;
• internal rules established to prevent conflicts of interest;
• the conditions under which the assessor operates.

This article does not prescribe any particular organisational model, framework or body. It defines a performance requirement regarding independence, without prejudging the solutions adopted by candidates.

Usage notes

(for information purposes, non-normative)

This clause aims to guarantee the impartiality of the assessment, prevent any self-assessment or internal validation, secure the project owner's decision, and strengthen the credibility of results taken into account in tender analysis.

Main provision

The following shall not be accepted for tender compliance purposes:

• approaches relying exclusively on statements of intent or unverifiable qualitative commitments;
• approaches based on self-assessment by candidates or stakeholders;
• internal recognition mechanisms not based on an independent assessment;
• participatory or collaborative approaches that do not establish objectifiable evidence of the performance achieved.

The approaches referred to in this article, regardless of their designation or stated level of ambition, shall not be treated as a biodiversity performance assessment within the meaning of the consultation.

Tenders relying primarily on these approaches may be deemed non-compliant with the project owner's expectations.

Usage notes

(for information purposes, non-normative)

This clause aims to clarify the compliance requirements, avoid any confusion between intention, commitment and demonstrated performance, legally secure tender analysis, and prevent the acceptance of non-enforceable approaches.

Main provision

Tenders shall include, as a minimum, the following elements:

• a presentation of the understanding of the project-specific biodiversity issues;
• a description of the proposed approach for defining and achieving biodiversity objectives;
• the identification of elements enabling the objectification and verification of biodiversity performance;
• a presentation of the arrangements adopted to guarantee assessment independence.

These elements must be presented in a clear, structured and directly usable manner for tender analysis.

Candidates shall ensure that the elements presented allow:

• easy reading by the project owner;
• objective comparison between tenders;
• identification of points of convergence or divergence with the stated expectations.

This article does not prescribe any particular format, medium or tool.

Usage notes

(for information purposes, non-normative)

This clause aims to facilitate the analysis and comparison of tenders, guarantee the effective consideration of biodiversity performance, avoid purely declarative responses, and secure the analysis phase.

Scope

This provision is intended for inclusion in framing, programming, decision or policy documents, where biodiversity is used as a project assessment criterion.

It applies to any development, construction or infrastructure project for which biodiversity considerations may influence design, implementation or decision-making choices.

Main provision

Where biodiversity is taken into account in a project, it shall be subject to a performance assessment based on measurable, verifiable and traceable evidence.

This assessment aims to appraise the project's effects on natural habitats and biodiversity, against objectives defined upstream and formalised in the project's reference documents.

Biodiversity performance shall not be assessed by means of statements of intent, unverifiable qualitative commitments, or mechanisms relying exclusively on self-assessment by project stakeholders.

Reinforced principle variant

Accounting for biodiversity requires an independent assessment of the performance achieved, based on objectifiable criteria and allowing for post-hoc verification.

Any approach that does not establish traceability of the elements assessed, nor clearly distinguish project advisory from final assessment, is deemed insufficient with regard to the stated requirement.

Usage notes

(for information purposes, non-normative)

This provision aims to affirm that biodiversity follows a logic of performance rather than intention, prepare coherence with subsequent consultation, contractualisation or reporting requirements, prevent any conflation of design assistance and final assessment, and secure public or private decisions based on biodiversity considerations.

Scope

This provision is intended for inclusion in framing, decision or policy documents, where biodiversity is taken into account as a project assessment criterion.

It applies to any situation in which project design advisory services and biodiversity performance assessment services are provided successively or concurrently.

Main provision

Project advisory, consisting of assisting the project owner or design teams in integrating biodiversity, is distinct from biodiversity performance assessment.

Biodiversity performance assessment aims to appraise, in an impartial and verifiable manner, the project's effects against the objectives defined upstream. It cannot be carried out by an entity that has participated in the design, guidance or optimisation of the project's biodiversity aspects.

Any conflation of advisory and assessment services may undermine the objectivity, credibility and enforceability of the results produced.

Reinforced principle variant

Project design advisory services and final biodiversity performance assessment services shall be entrusted to separate entities to guarantee assessment independence.

Any approach based on self-assessment, internal validation or participatory appraisal of results is deemed insufficient with regard to the stated independence requirement.

Usage notes

(for information purposes, non-normative)

This provision aims to prevent any actual or apparent conflict of interest, guarantee the impartiality of biodiversity performance assessment, secure decisions based on the results produced, and avoid any conflation of methodological advisory with enforceable final assessment.

Assignment scope

The purpose of this assignment is to integrate biodiversity into the project as a technical requirement in its own right, on equal footing with the other requirements defined in these technical specifications.

It aims to ensure the effective consideration of issues related to natural habitats and biodiversity in the design, implementation and, where applicable, delivery of the project.

Technical scope of the assignment

The biodiversity assignment comprises all services necessary for achieving the biodiversity objectives defined by the project owner, including:

• identification of biodiversity issues related to the project;
• translation of these issues into technical objectives compatible with the project;
• production of technical elements enabling assessment of the project's compliance with the defined objectives.

The scope of the assignment is strictly limited to the services necessary to achieve the biodiversity objectives and produce the elements required by these technical specifications.

Limits of the assignment

The biodiversity assignment does not constitute a project management assignment, a general strategic advisory assignment, or an independent final assessment of biodiversity performance.

It shall not substitute for the regulatory obligations applicable to the project, nor for other assignments defined in the contractual documents.

Usage notes

(for information purposes, non-normative)

This clause aims to clearly define the scope of the biodiversity assignment, avoid any contractual ambiguity regarding the contractor's role, prepare the distinction between technical production and independent final assessment, and secure the reading of the technical specifications by both candidates and the project owner.

General principle

The project is subject to requirements relating to biodiversity performance, understood as the project's ability to demonstrate, on the basis of objectifiable and verifiable evidence, the effective consideration of issues related to natural habitats and biodiversity.

These requirements constitute technical obligations under these specifications.

Definition of expected outcomes

Expected outcomes relating to biodiversity performance shall be explicitly defined and translated into objectives that are:

• measurable or objectifiable,
• compatible with the project's characteristics,
• verifiable at the conclusion of the relevant phases.

Any appraisal based on statements of intent or unverifiable commitments is deemed insufficient.

No method prescription

The biodiversity performance requirements define an expected outcome, without prescribing any specific method, tool, framework or body.

The contractor retains the freedom to propose technical solutions to meet the defined requirements, provided these are objectifiable and verifiable.

Usage notes

(for information purposes, non-normative)

This clause aims to state enforceable biodiversity requirements in the technical specifications, avoid any ambiguity about the notion of biodiversity performance, preserve design freedom while guaranteeing result verifiability, and prepare the framing of expected indicators, measurements and deliverables.

Indicators and measurements

The contractor is required to produce the technical elements necessary for assessing the project's biodiversity performance.

The indicators and measurements proposed by the contractor shall:

• be directly linked to the biodiversity objectives defined for the project;
• enable objectification of the project's effects on natural habitats and biodiversity;
• be appropriate to the scale, nature and issues of the project.

Expected deliverables

The contractor shall provide, at the deadlines set by the contract, the necessary deliverables, including:

• summary documents presenting objectives, indicators and results;
• technical elements justifying the measures adopted;
• any documentation ensuring the traceability of the data produced.

No prescription

This article does not impose any standardised indicator, specific method or particular tool. The contractor remains free to propose the most suitable indicators, measurements and deliverable formats, subject to compliance with verifiability and traceability requirements.

Usage notes

(for information purposes, non-normative)

This clause aims to frame the production of biodiversity technical elements, guarantee the readability and verifiability of results, avoid purely declarative or unusable deliverables, and prepare the compilation of the evidence portfolio.

General principle

The project's biodiversity performance shall be established on the basis of an evidence portfolio, compiled by the contractor and grouping all elements demonstrating the reality and compliance of results with the requirements of these technical specifications.

Compilation of the evidence portfolio

The evidence portfolio shall include, as a minimum:

• documents produced under the indicators, measurements and deliverables defined in these specifications;
• source data used to establish the results;
• elements identifying the assumptions, methods and scopes adopted;
• any supporting documentation necessary for understanding and verifying the results.

Traceability of produced elements

The elements must be organised so as to guarantee:

• data traceability from production to presentation;
• identification of authors and production dates;
• coherence between defined biodiversity objectives, adopted indicators and presented results.

Any non-traceable or insufficiently documented data is deemed unusable.

Verifiability

The evidence portfolio must allow for independent, post-hoc verification of the announced results. It must be sufficiently explicit to enable a qualified third party, who has not participated in producing the elements, to assess their coherence and compliance with the stated requirements.

The compilation of the evidence portfolio does not, in itself, constitute an independent assessment of biodiversity performance. It aims to provide the elements necessary for such an assessment, without substituting for it.

Usage notes

(for information purposes, non-normative)

This clause aims to guarantee the robustness and traceability of the biodiversity elements produced, avoid any appraisal based on non-verifiable elements, secure decisions based on biodiversity performance, and prepare the conditions for final project validation.

Final validation principle

Final validation of the project's biodiversity performance takes place at the conclusion of the phases provided for in the contract, on the basis of elements produced in compliance with the requirements of these technical specifications.

It conditions the acceptance of services relating to the biodiversity assignment.

Admissibility conditions

Final validation is conditional upon the submission of a complete portfolio, including:

• all deliverables required under the technical specifications;
• the evidence portfolio establishing traceability and verifiability of results;
• summary elements enabling assessment of the project's compliance with the defined biodiversity objectives.

Any incomplete portfolio, or one that does not enable an objective appraisal of biodiversity performance, is deemed inadmissible.

Distinction between contractual validation and independent assessment

Final validation under these technical specifications constitutes a contractual validation of the compliance of services performed.

It does not constitute certification, nor an independent assessment of biodiversity performance, which are, where applicable, subject to separate procedures.

Consequences of non-compliance

In the event of non-compliance, the project owner may require the contractor to:

• produce supplementary elements;
• revise or adjust the relevant deliverables;
• take any measures necessary for compliance with the requirements of these technical specifications.

Usage notes

(for information purposes, non-normative)

This clause aims to legally frame the acceptance of biodiversity services, avoid any implicit or evidence-free validation, clearly distinguish contractual validation from independent assessment, and secure the project owner's final decision.

Purpose of the reporting framework

The purpose of this framework is to define the general rules applicable to the production, reporting and dissemination of biodiversity-related information, when such information is used in a reporting, communication or compliance context.

It aims to ensure the coherence, clarity and reliability of the information produced.

General reporting principle

Biodiversity-related information must be reported in a manner that is:

• based on objectifiable and verifiable evidence;
• consistent with the scope actually assessed;
• proportionate to the results actually achieved.

Any reporting based on general declarations, unsupported commitments or subjective assessments is excluded from the scope of this framework.

Relationship with produced results

Biodiversity information reporting relies exclusively on:

• validated results;
• elements from the evidence portfolio;
• formalised conclusions from the assessment or validation processes provided for.

The reporting of biodiversity-related information does not constitute certification or regulatory recognition, unless expressly stated otherwise.

Usage notes

(for information purposes, non-normative)

This clause aims to strictly frame the production and dissemination of biodiversity information, prevent any misleading or imprecise reporting, secure uses in reporting and communication, and prepare the distinction between communicable and non-communicable information.

Information categories

Biodiversity-related information is distinguished into three categories:

a) Data

Data refers to raw or aggregated factual elements derived from observations, measurements or surveys carried out within the project. They form the basis for analyses and cannot be interpreted in isolation without contextualisation.

b) Analyses

Analyses refer to the processing, interpretations or cross-referencing of data, carried out according to explicit assumptions and methods. They help to shed light on the project's effects on natural habitats and biodiversity.

c) Conclusions

Conclusions refer to the summary assessments formulated from analyses and validated within the processes provided for. They represent a binding level of interpretation, which may be used in a decision-making, contractual or communication context.

Communication conditions by category

• Data may be communicated provided they are properly identified, dated and contextualised.
• Analyses may only be communicated together with the associated assumptions, scopes and limitations.
• Conclusions may only be communicated if they have been formally validated in accordance with the reference documents.

No information category shall be treated as equivalent to another. Communication of data or analyses does not, in itself, constitute a conclusion on the project's biodiversity performance.

Usage notes

(for information purposes, non-normative)

This clause aims to clarify the nature of the information produced, avoid any confusion between facts, interpretations and conclusions, secure uses in reporting and communication, and prepare the framing of disseminated messages.

General principle

Biodiversity-related results may only be used or communicated if they are based on objectifiable, verifiable and validated evidence, produced in accordance with the applicable reference documents.

Any communication must be faithful to the results obtained and proportionate to their scope.

Communication materials covered

The provisions of this article apply to all communication materials, including:

• institutional or commercial documents;
• non-financial or ESG reporting materials;
• public communications, digital or printed;
• presentations intended for third parties.

Conditions for using results

Any use of results must:

• specify the scope of the project or operation concerned;
• indicate the phase or period covered;
• mention the limitations or caveats associated with the results;
• rely on actually validated conclusions.

Prohibition of extrapolations

It is prohibited to extrapolate results beyond the assessed scope or generalise them to other projects, phases or entities without formalised justification. Any unjustified extrapolation is deemed non-compliant.

The party communicating on the basis of results is solely responsible for the content and compliance of the disseminated messages.

Usage notes

(for information purposes, non-normative)

This clause aims to strictly frame the disseminated messages, prevent abusive or approximate use of results, legally secure communications, and preserve the credibility of evidence-based approaches.

General principle

Any biodiversity-related communication must be strictly compliant with the validated results and the scopes actually assessed.

Communications likely to mislead regarding the nature, scope or level of biodiversity performance achieved are prohibited.

Express prohibitions

It is notably prohibited to:

• use results to claim undemonstrated overall performance;
• present data or analyses as validated conclusions;
• treat results as certification or regulatory recognition without explicit basis;
• use unsupported absolute or generalising statements;
• communicate on non-validated or partial results without explicit mention of their status.

Usage limits

Biodiversity-related results may only be used:

• within the scope of the assessed project or operation;
• for the phase or period actually covered;
• in compliance with the identified methodological and operational limitations.

Prevention of misleading communications

The parties shall refrain from any communication likely to create confusion between:

• commitment and result;
• advisory and assessment;
• internal process and independent appraisal.

Any ambiguity is deemed non-compliant. Any communication made in violation of these prohibitions engages the liability of its author.

Usage notes

(for information purposes, non-normative)

This clause aims to prevent abusive or misleading claims, legally secure biodiversity communications, protect the credibility of evidence-based approaches, and limit reputational and regulatory risks.

General traceability principle

Any biodiversity-related communication must be traceable, i.e. explicitly linked to the results, documents and scopes on which it is based.

Traceability is a prerequisite for any use or dissemination of biodiversity information.

Mandatory minimum disclosures

Any communication containing a biodiversity reference must, as a minimum, mention:

• the project or operation concerned;
• the geographical and functional scope covered;
• the assessment phase or period;
• the nature of the information communicated (data, analyses or conclusions);
• the date of production or validation of the results.

The absence of any of these disclosures renders the communication non-compliant.

References to source documents

Communications must clearly identify:

• the reference documents on which they are based;
• where applicable, the evidence portfolio or associated deliverables;
• the conditions under which the results were established.

Any implicit or non-verifiable reference is prohibited.

Contextualisation rules

Communicated information must be systematically contextualised in order to:

• avoid any excessive or erroneous interpretation;
• specify the limits of the assessed scope;
• distinguish between validated results and descriptive elements.

No information may be presented outside its original context.

The communicating party is responsible for the accuracy of the references mentioned, the compliance of the information disseminated, and the observance of the traceability rules defined by this clause.

Usage notes

(for information purposes, non-normative)

This clause aims to guarantee the verifiability of biodiversity communications, strengthen the credibility of disseminated messages, prevent any decontextualised communication, and secure uses with regard to third parties.