Environmental clauses
Public procurement 2026
From 22 August 2026, the French Climate and Resilience Act mandates the integration of verifiable environmental clauses in all public contracts. Biodiversity and construction carbon: two objective, measurable and enforceable criteria for structuring your tenders.
The regulatory framework
Climate and Resilience Act (22 August 2021)
Article 35: From 22 August 2026, all public contracts must include at least one verifiable environmental clause in their performance conditions.
This obligation applies to all public buyers: central government, local authorities, public establishments and public-law bodies.
Scope: objective and verifiable criteria
- ✓ Measurable clauses, not declarative
- ✓ Mandatory independent verification
- ✓ Biodiversity and carbon explicitly covered
Key point: The obligation applies to performance conditions of contracts, not just award criteria. This means contractors must demonstrate compliance with the clauses throughout the project, with monitoring and verification.
Integrating biodiversity and construction carbon into public procurement
Article 35 is not limited to biodiversity. Construction carbon (items A4 to A9, EN 15978) is an objective and measurable environmental criterion, perfectly suited to contractor tenders. Structure your clauses along five axes:
In the technical specifications
Require a BPS (Biodiversity Performance Score) assessment or Effinature certification as contract deliverables:
- • Define a precise submission schedule (before delivery, mid-construction, end of project)
- • Specify the applicable reference standards (HQE, BREEAM, Effinature depending on the project)
- • Require audit by a certification body accredited under ISO/IEC 17065
In the performance conditions
Impose biodiversity performance milestones with independent verification:
- • Sensitive habitat protection measures during construction
- • Integration of biodiversity-friendly features (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 criterion weighting (e.g. 20% of overall score)
- • Objective scoring grid based on recognised certifications
- • Reference to public standards (HQE, BREEAM, Effinature) for assessment
In the monitoring and control conditions
Reference the IRICE public directory for compliance verification:
- • Consultation of the register of Cofrac-validated certificates
- • Compliance traceability throughout the project
- • Documentation of third-party audits for procurement files
Construction carbon: an award criterion for contractor tenders
Construction carbon (Ic_chantier) measures the CO2 emissions linked to the construction phase — material transport, plant, waste, site facilities, travel — according to items A4 to A9 of EN 15978. It is an objective indicator, quantifiable in kgCO2e/m2, directly usable as an award criterion in contractor tenders.
Why construction carbon in public procurement?
- → Objective and measurable: kgCO2e/m2, not a declaration. Every contractor is assessed on the same metric.
- → Contractor's lever: Unlike material carbon (client's choice), construction carbon depends directly on the contractor — logistics organisation, waste management, plant choices.
- → Genuine differentiation: Between two contractors, the Ic_chantier gap can reach 30 to 50%. The criterion genuinely differentiates.
- → RE2020 compatible: A measured Ic_chantier can replace RE2020 default values — thresholds tighten in 2025, 2028 and 2031.
Efficarbone is the construction carbon measurement tool developed by IRICE. It produces traceable data, based on ADEME Base Empreinte emission factors, directly usable in a tender document or end-of-works report.
- • Pre-assessment carbon balance from the tender stage to set a reference Ic_chantier threshold
- • Monitoring during the execution phase by the winning contractor
- • End-of-works report with measured Ic_chantier vs forecast
- • RE2020-compatible data to substitute default values
Why require accredited certification?
Compliance with public procurement law
Public procurement law imposes three fundamental principles:
- Equality All candidates must be assessed against the same objective criteria
- Transparency Assessment criteria and methods must be public and impartial
- Verifiability Requirements must be independently verifiable
ISO/IEC 17065 accreditation: the solution
A certification issued by a body accredited under ISO/IEC 17065 guarantees:
- ✓ Public standards — published and consensual norms
- ✓ Independent assessment — third-party auditors without conflicts of interest
- ✓ Public results — transparent and consultable directory
- ✓ Legal protection — withstands pre-contractual challenges
Risks of alternatives
Self-declared environmental statements or internal assessments are no longer sufficient in light of the 2026 obligations:
- × Vulnerability to pre-contractual challenge — a candidate can contest the discriminatory or insufficiently objective nature of the clause
- × Legal non-compliance — absence of independent verification
- × Low impact — no genuine guarantee of environmental improvement
Clause examples
Here are three models adapted to different contract types. To be customised according to your regulatory and territorial context.
Example 1: Residential construction contract (GFA > 5,000 m2)
"The contractor commits to obtaining Effinature or HQE biodiversity assessment certification before final acceptance of the works. This certification shall be performed by a body accredited under ISO/IEC 17065. The certificate shall be submitted to the public buyer and listed in the official certification directory. The contractor shall also participate in third-party audits at the following stages: end of design phase (verification of biodiversity specifications), mid-construction (compliance with protective measures), and before delivery (completion of ecological features)."
Key points: precise deliverable schedule • mandatory certification • independent verification • public traceability
Example 2: Development operation (development zone)
"Each development lot shall incorporate a biodiversity component assessed under the Effinature standard or equivalent, certified by a body accredited under ISO/IEC 17065. Performance conditions require: (1) ecological issues mapping at the start of each lot, (2) habitat conservation plan during works, (3) creation of at least 200 m2 of green roofs and 500 m2 of ecological corridors per hectare developed, (4) independent audit during the construction phase by a certified third-party auditor."
Key points: measurable biodiversity targets • construction phase schedule • independent monitoring • verifiable elements
Example 3: Award criterion (tender weighting)
"Award criterion: Environmental and biodiversity performance (20% of overall score). Scoring grid: (5 pts) HQE or Effinature certification initiated before end of year N+1; (10 pts) Certification obtained with biodiversity score ≥ 40/100; (15 pts) Certification obtained with biodiversity score ≥ 60/100; (20 pts) Certification with biodiversity score ≥ 75/100 + commitment to post-delivery performance monitoring for 2 years."
Key points: explicit weighting • objective and public scoring grid • reference to recognised certifications • clear tender differentiation
Example 4: Construction carbon criterion in a contractor tender
"Award criterion: Construction phase carbon footprint (15% of overall score). The candidate shall provide a pre-assessment Ic_chantier (items A4 to A9 per EN 15978) established using ADEME Base Empreinte emission factors or equivalent. Scoring grid: (5 pts) Ic_chantier pre-assessment provided with detailed methodology; (10 pts) Forecast Ic_chantier below the reference threshold set by the project owner; (15 pts) Forecast Ic_chantier 20% below the reference threshold + commitment to execution-phase monitoring with end-of-works report comparing measured and forecast values."
Key points: indicator in kgCO2e/m2 • EN 15978 standard • contractor lever • RE2020 compatible (measured vs default values)
Example 5: Combined biodiversity + construction carbon clause
"Environmental performance conditions: The contractor commits to (1) obtaining Effinature certification issued by a body accredited under ISO/IEC 17065 before final acceptance, and (2) providing a measured Ic_chantier balance (items A4 to A9, EN 15978, ADEME Base Empreinte factors) in the end-of-works report. Non-compliance with either of these conditions constitutes a breach of contractual obligations potentially triggering the penalties provided for in the special administrative conditions."
Key points: dual biodiversity + carbon requirement • contractual enforceability • third-party verification + measured data
Note: These examples are guides. Each authority or public buyer must adapt these clauses to their territorial context, strategic objectives and monitoring capabilities. Consult a public procurement law specialist to validate compliance before issuing the tender.
Frequently asked questions
Yes. The French Public Procurement Code (Art. L2152-7 et seq.) allows the integration of environmental criteria into performance conditions or award criteria. Biodiversity certification can be required as a performance condition or valued as a selection criterion.
BPS provides a quantitative and objective score 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 scoring transparency.
The two types of clauses are complementary, not competing. A tender document can simultaneously integrate biodiversity (BPS, Effinature) and carbon (Efficarbone) requirements. This reflects the dual requirements of the CSRD framework (E1 + E4) and the Taxonomy (DNSH across all objectives).
Biodiversity and construction carbon in your public contracts
The 2026 obligation is coming. Explore our biodiversity clause templates (Effinature, BPS) and construction carbon templates (Efficarbone, Ic_chantier) to structure your next tenders.
Have a question about integrating environmental clauses?
IRICE operates in biodiversity certification (Effinature, BPS) and construction carbon measurement (Efficarbone). For drafting your clauses and structuring your environmental strategy, our qualified Biodiversity Partners operate as independent consultants.
Contact IRICEConsult the IRICE directory of certified projects
Discover Effinature, HQE and BREEAM certified projects in France. View public results and verify the compliance of your future contractors.
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