On the proposal for a regulation of the European Parliament and of the Council on establishing a framework of measures for strengthening Europe’s net-zero technology products manufacturing ecosystem (Net Zero Industry Act)
IMCO-AD-752781
Committee on the Internal Market and Consumer Protection · Rapporteur: Tom Vandenkendelaere
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The committee opinion amends the proposed Net Zero Industry Act to refine rules on public procurement for net-zero technologies, focusing on sustainability and resilience criteria.¶ It requires contracting authorities to apply sustainability and resilience criteria in awarding contracts, with a weight of 15-30%, and allows derogations for disproportionate costs.¶¶¶ It specifies that resilience is assessed by diversification of supply, with a single non-EU source supplying over 65% deemed insufficiently diversified, and mandates an implementing act for criteria.¶¶ It emphasizes non-discrimination, equal treatment of EU providers, and Commission monitoring to ensure a level playing field.¶¶
Committee position. The committee proposes amendments to refine the public procurement provisions, emphasizing non-discrimination, balanced criteria, and Commission guidance.¶
Key points
- Contracting authorities must award contracts for net-zero technologies based on the most economically advantageous tender, including sustainability and resilience contribution, ensuring open and non-discriminatory procedures.¶
- Sustainability criteria include environmental sustainability fulfilling or going beyond minimum requirements, and innovation impact where applicable.¶¶
- Resilience criteria focus on diversification of supply chains, energy security, and security of supply; supply is deemed insufficiently resilient if a single non-EU source supplied over 65% of total demand in the last year.¶
- The sustainability and resilience contribution must be weighted between 15% and 30% of award criteria, with balanced consideration of both.¶
- Contracting authorities may derogate from applying these criteria if it would clearly oblige disproportionate costs or technical incompatibility; cost differences above 10% may be presumed disproportionate.¶
- Member States must not discriminate against providers or products from other Member States based on these criteria.¶
- The Commission must adopt an implementing act specifying criteria for resilience and sustainability contribution, considering SMEs and market principles, and provide guidance on conflicts with other legislation.¶¶
- The Commission must develop and update a list of net-zero technology final products broken down by share of Union supply from different third countries.¶
- Products from third countries that are signatories to a Net-Zero Partnership agreement may be treated as equal to Union products and not counted for resilience criteria.¶
- The Net-Zero Europe Platform should discuss implementation and exchange best practices; the Commission should issue best practice guidelines.¶
Who is affected
- Contracting authorities and entities in the EU awarding public contracts for net-zero technologies.¶
- Suppliers of net-zero technologies, including those from third countries, affected by diversification and non-discrimination rules.¶¶
- Small and medium-sized enterprises, which the Commission must consider in implementing acts.¶