art_83__para_5

5. When establishing mandatory minimum environmental sustainability requirements pursuant to paragraph 1 for public contracts, the Commission shall, in line with paragraphs 13 and 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, consult experts designated by each Member State and relevant stakeholders, carry out an impact assessment and take into account at least the following criteria: the value and volume of public contracts awarded for the product family or product category concerned; the environmental benefits resulting from the uptake of products in the highest two classes of performance; the need to ensure sufficient demand for more environmentally sustainable products; the economic feasibility, for contracting authorities or contracting entities, of buying more environmentally sustainable products, without entailing disproportionate costs, and the availability of those products on the market; the market situation at Union level of the relevant product family or product category; the effects of the requirements on competition; the impact on, and needs of, SMEs; the Members States’ regulatory needs and different climate conditions. The first impact assessment shall be launched by the Commission by 31 December 2026.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-17 · Text as adopted (Official Journal); later amendments are not incorporated in this text.