FAQ: Legal Considerations When Using the CO2 Performance Ladder in Public Procurement

The CO2 Performance Ladder is a CO2 management system that helps organizations reduce carbon emissions. In the Netherlands, it is also used extensively as a procurement tool, through which certified organizations can receive an award advantage in tenders.

This document responds to frequently asked questions about the legal aspects of the tool:

1. What is the CO2 Performance Ladder, and how is it used in public procurement in the Netherlands and Belgium?
2. Is the use of the CO2 Performance Ladder permitted under the EU Procurement Directive?
3. How can the CO2 Performance Ladder be used to determine the most economically advantageous tender?
4. The EU Procurement Directive requires contract award criteria to be linked to the subject matter of the contract (Article 67-3). How does the CO2 Performance Ladder comply with this condition?
5. The EU Procurement Directive requires contracting authorities to accept equivalent means of proof, not just a specific label (Article 43-1). How does this work when using the CO2 Performance Ladder? 6) How does the contracting authority know that a company will comply with the requirements of the CO2 Performance Ladder?
6. Is there an example of how contracting authorities have used the CO2 Performance Ladder as an award advantage in a tender?
7. How much of a discount should a contracting authority offer?
8. Where can I find further information?

The CO2 Performance Ladder is managed by the Foundation for Climate Friendly Procurement and Business (SKAO). Together with IISD, SKAO seeks to expand the use of the instrument beyond the Netherlands and Belgium with the aim to accelerate carbon emission reductions in Europe through green public procurement. This Legal FAQ complements a longer feasibility study by IISD about using the CO2 Performance Ladder in 10 European countries.