Article 35 of the Climate and Resilience Act amends the Public Procurement Code, as of 21 August, by introducing two new environmental obligations for public procurement:

• the environmental award criterion : At least one of the public procurement criteria must include an environmental criterion. This means that the buyer will also have to take into account an environmental criterion in its rating grid. It must be relevant to the subject matter of the contract. If an environmental deficiency is demonstrated, it may have a direct impact on the final grade of the offer. The use of the single price criterion is therefore definitively abolished.
• the environmental enforcement clause : Also, the buyer will be obliged to include at least one environmental performance condition. It must be linked to the subject matter of the contract, executable and controllable. This obligation must be respected throughout the performance of the contract. This can be a ban on the use of single-use packaging on a construction site or an obligation to use certain types of environmentally friendly materials.

Companies may prepare evidence of their environmental performance. They must be able to provide concrete and objective evidence. When a company enters into a public contract, environmental clauses are required throughout the performance of the contract. A company that does not fulfill these commitments is liable to penalties or termination of the contract.