(1)

Regulation (EU) 2024/1735 lays down measures to enhance the Union’s manufacturing capacity for net-zero technologies and their key components, including stimulation of the demand for environmentally sustainable and resilient net-zero technologies via public procurement.

(2)

Regulation (EU) 2024/1735 requires the Commission to specify minimum mandatory requirements regarding environmental sustainability for public procurement procedures falling within the scope of Directives 2014/23/EU (2), 2014/24/EU (3) or 2014/25/EU (4) of the European Parliament and of the Council, where contracts have the net-zero technologies listed in Article 4(1), points (a) to (k), of Regulation (EU) 2024/1735 as part of their subject matter and for works contracts and works concessions including those net-zero technologies.

(3)

Regulation (EU) 2024/1735 requires the Commission to specify these minimum mandatory requirements by means of an implementing act to be adopted by 30 March 2025. Due to the scope of the public procurement provisions of Regulation (EU) 2024/1735, both in terms of net-zero technologies covered and potential minimum requirements on environmental sustainability to be considered, extensive mapping and analysis were required, and therefore the deadline could not be met.

(4)

This Regulation should cover the minimum environmental sustainability requirements related to certain net-zero technologies, namely onshore wind and offshore wind technologies, keeping in mind that the rules set in accordance with Article 25 of Regulation (EU) 2024/1735 should apply to the procurement of the net-zero technologies, except where such procurement is used to carry out projects awarded in the context of renewable energy auctions subject to Article 26 of Regulation (EU) 2024/1735.

(5)

For the sake of simplicity and ease of implementation, those minimum requirements should rely on Union or Union-recognised methodologies and measurement methods that are applicable to the net-zero technologies and cover relevant environmental dimensions. At present, such methodologies and measurement methods do not exist for a significant number of the net-zero technologies. Several methodologies are under preparation and could be used in this context at a later stage. This limits the scope of the net-zero technologies for which this Regulation should set out minimum environmental sustainability requirements.

(6)

Moreover, as environmental sustainability requirements for public procurement of heat pumps are already laid down in Article 7(1) of Directive (EU) 2023/1791 of the European Parliament and of the Council (5), Commission Delegated Regulation (EU) No 811/2013 (6) and Article 7(2) of Regulation (EU) 2017/1369 of the European Parliament and of the Council (7), this Regulation should not cover heat pumps.

(7)

Similarly, award criteria related to environmental sustainability for public procurement of batteries or products containing batteries will be laid down in accordance with Article 85(3) of Regulation (EU) 2023/1542 of the European Parliament and of the Council (8). Hence, this Regulation should not cover batteries.

(8)

Regarding photovoltaic products, potential implementing measures under Directive 2009/125/EU of the European Parliament and of the Council (9) and Regulation (EU) 2017/1369 are under preparation, which would imply mandatory public procurement provisions similar to those of heat pumps.

(9)

While only little wind technology deployment is formally done through public procurement, contracting entities will in some markets publicly procure wind turbines. This is the case when they are subject to Directive 2014/25/EU and when the market is not directly exposed to competition, so that the exception of Article 34 of Directive 2014/25/EU does not apply.

(10)

Although 80 to 95 % of the total mass of a wind turbine can be recycled as it is composed mostly of steel and iron, some components pose challenges. This is the case for blades, which represent about 15 % of the mass of a wind turbine. They usually contain complex composite materials – a combination of reinforced fibres and a polymer matrix. Hence, blades are the component of a wind turbine with the biggest challenges to increase recyclability (10). It is estimated that composite waste from decommissioned wind blades will reach about 400 000 tonnes by 2040 (11).

(11)

At the same time, companies and research institutions are developing recycling techniques and looking at the composition of materials and the processes to decommission turbines in order to enhance the recyclability, i.e. the recycling potential at the time of the production, of wind turbine blades. To support the full circularity of wind turbines, it is appropriate to include a minimum requirement on the recyclability of blades. Such a minimum requirement will stimulate the demand for recyclable blades and incentivise research and development in that area. Considering the current stage of technological development, setting an ambitious yet realistic minimum of 70 % seems appropriate.

(12)

The European standard EN 45555:2019 provides methods for the recyclability of energy-related products and should therefore be used to assess the recyclability of wind blades.

(13)

As EN 45555:2019 requires state-of-the-art technologies, appropriate adjustments regarding the required technology readiness level will support the development of new and innovative blade recycling technologies. A definition of technological readiness levels can be found in Commission Decision C(2014)4995 (12). Following this definition, a technology readiness level of six (6), implying that the technology has been demonstrated in a relevant environment, can be deemed appropriate to support innovative blade recycling technologies.

(14)

While EN 45555:2019 requires blade recycling technologies to be currently economically viable, flexibility may be needed for geographical areas with nascent blade recycling industries. Contracting authorities may therefore adapt this requirement, for example by accepting technologies projected to become economically viable in the relevant geographical area in the span of the wind turbines’ operational life.

(15)

Different recycling routes for blades, such as chemical separation, thermal separation, or mechanical shredding, can vary significantly in the degree of their material preservation. For calculating the recyclability rate, contracting authorities and contracting entities may hence require an assessment of the quality of the material preservation in the recycling process.

(16)

Since the application of this Regulation will require contracting authorities and contracting entities to implement significant changes in their procedures, to give the contracting authorities and the contracting entities time to implement those changes, the application of this Regulation should be deferred. The minimum environmental sustainability requirements laid down in this Regulation shall apply to public procurement procedures falling within the scope of Article 25(1) of Regulation (EU) 2024/1735 launched on or after 30 June 2026.

(17)

The measures provided for in this Regulation are in accordance with the opinion of the Advisory Committee on Public Procurement,