Bellona Germany welcomes the objective of the draft bill to simplify procurement law and accelerate procedures. Public procurement is a key policy tool for implementing climate, environmental, and social objectives.

It is therefore essential that reforms to procurement law:

• Take climate protection and sustainability into account, and
• Strengthen and firmly anchor these principles in practice.

The state has a special responsibility to lead by example and shape the market for climate-friendly products and services through its demand. This benefits the climate, industry, and especially companies investing in sustainable technologies and production processes.

This statement focuses on the amendments to the Act against Restraints of Competition (GWB), particularly Sections 97 and 113, given the very short consultation deadline of only two working days.

Section 113 GWB – Regulatory Authority for Climate-Friendly Procurement

The new authorisation in Section 113(1)(9) GWB to regulate mandatory requirements for climate-friendly services is a step forward.

A legally binding, digitally supported regulation can particularly help small and medium-sized enterprises (SMEs) by providing:

• Planning security
• Fair competition conditions

Unlike administrative guidelines, legal regulations are binding and can ensure uniform, enforceable minimum standards across Germany.

Section 97 GWB – Environmental and Climate Protection as a Procurement Principle

Section 97(3) already requires that “social and environmental aspects” be considered. This remains unchanged in the draft and is centrally important for climate-related procurement.

However:

• In practice, the provision is often inconsistently implemented due to vagueness and lack of operational guidelines.
• The draft law does not provide further clarification or enforcement mechanisms.

Positive development:

• The extension of Section 97(4) allows climate-related infrastructure projects to be awarded more easily from the special fund Infrastructure and Climate Neutrality.
• This demonstrates political will to integrate climate protection into investment decisions, but it must be backed by binding requirements.

Critical Assessment and Recommendations

a) No obligation to issue climate-related legal regulations

• Problem: Section 113(1)(9) GWB is optional, with no obligation or timeframe for issuing regulations.
• Recommendation:
  • Introduce a parliamentary reporting obligation on the use of this authority.
  • Require the federal government to report to the Bundestag annually on its use.

b) Section 97(3) remains too vague

• Problem: Environmental criteria are often ignored in favour of cost or speed. Contracting authorities lack expertise and evaluation tools.
• Recommendation:
  • Add a specific target, e.g.:
    “… in particular to achieve the national climate targets in accordance with the Climate Protection Act.”

c) No minimum standards for climate-friendly procurement

• Problem: The law does not define minimum CO₂ savings, energy efficiency, or life-cycle cost requirements.
• Recommendation:
  • Add a regulatory objective requiring that legal regulations contribute to achieving national climate targets.
  • Use and develop existing standards such as:
    • LESS (Low Emission Steel Standard)
    • CCC (Cement Carbon Class)

d) No enforcement or control mechanisms

• Problem: No reporting, verification, or sanctions for non-compliance.
• Recommendation:
  • Include control, monitoring, and sanction provisions in Section 114 GWB or implementing regulations.

e) Municipal implementation overlooked

• Problem: States and municipalities handle much procurement, but no support measures are included.
• Recommendation:
  • Provide training, resources, and digital tools for subnational authorities.
  • Establish a joint climate protection task force.

f) Climate protection at risk of being sidelined

• Problem: Acceleration objectives could overshadow sustainability criteria.
• Recommendation:
  • Clarify in the law that environmental and climate protection are integral to efficient, modern procurement and must not be deprioritised.

Conclusion

Section 113 of the draft Procurement Acceleration Act is a valuable tool for the ecological modernisation of public procurement. Together with Section 97 GWB, it could:

• Provide strong impetus for climate protection
• Offer planning security for industry and trade

However, to make this an effective lever for achieving climate targets, the federal government must:

• Use its regulatory authority swiftly and ambitiously
• Amend the law to make climate protection a mandatory, operational part of procurement law — not just in theory but in daily practice.

We call on the Bundestag and the federal government to strengthen the draft law substantially in the areas outlined above.