climate and environmental considerations

Climate and environmental considerations refer to the duty of contracting authorities to account for climate and environmental impact in public procurement processes. While EU Directive 2014/24/EU permits the integration of environmental aspects throughout the procurement cycle, Norway has gone further with a mandatory 30 percent weighting in award criteria.

How do climate and environmental considerations work?

EU Directive 2014/24/EU allows contracting authorities to integrate environmental considerations into technical specifications, award criteria, and contract performance conditions. It also introduced life-cycle costing for evaluating environmental costs over time, though green procurement remains voluntary at the EU level. Where the climate footprint is evaluated, it is usually documented through carbon accounting for the contract, based on figures from product EPDs.

In Norway, the obligation has been set out in Sections 5b and 5c of the Public Procurement Act since 1 July 2026, replacing the former § 5 of the Act and § 7-9 of the procurement regulation. Contracting authorities must take climate and environment into account in all procurements. In advertised procurements, both below and above the EEA threshold, climate and environmental considerations must be weighted at a minimum of 30 percent when award criteria are weighted, or be among the three highest-priority criteria. The 30 percent rule was first introduced on 1 January 2024.

Exceptions and flexibility

Norwegian law provides exceptions to the 30 percent rule:

• Requirements specification: If absolute climate and environmental requirements clearly deliver a better effect than weighting, they may replace the 30 percent rule
• Insignificant impact: Procurements that by their nature have an insignificant climate footprint and environmental impact are exempt. KOFA has interpreted this strictly (case 2024/1422)
• Health, security and preparedness: Since 1 July 2026, climate requirements can be set aside when they would come at the expense of essential interests in health, security or preparedness
• Documentation duty: All exceptions require the contracting authority to justify and document the choice, a "comply or explain" principle

Tools like Cobrief can help suppliers identify tenders where climate and environmental considerations carry significant weight, making it easier to tailor bids to the evaluation criteria.

Climate and environmental considerations are shifting from voluntary good practice to binding obligation across Europe. Norway's 30 percent rule, written into the Public Procurement Act from 1 July 2026 as part of its rules on societal considerations, is among the strictest in the EEA. The EU is reviewing its procurement directives, which may introduce mandatory green procurement requirements across all member states.