LegalizeCommission Implementing Regulation (EU) 2025/1176 of 23 May 2025 specifying the pre-qualification and award criteria for auctions for the deployment of energy from renewable sources
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of innovation criteria, the relevant authorities shall distinguish, where relevant, between:
- (a) pure innovation auctions specifically focused on the promotion of new technologies or solutions; and
- (b) auctions that do not specifically focus on innovation as the main driver for the auction.
In both types of auctions, the use of innovation pre-qualification or award criteria shall introduce a requirement for all projects to meet a minimum level of improvement in key performance indicators which goes beyond the state of the art of technologies and solutions that are already on the market and relative to the subject matter of the auction they are participating in.
In addition to the requirements in paragraph 1, second subparagraph, the contribution of auctions referred to in point (a) of paragraph 1 to innovation by means of pre-qualification criteria shall be assessed by introducing a requirement for all projects to have a certain level of maturity. For this type of auctions, the relevant authorities shall include additional requirements obliging the winning bidder to disseminate knowledge on the innovative project results or to offer licenses for research results and development projects which are protected by intellectual property rights, at a market price and on non-exclusive and non-discriminatory basis for use by interested parties in the EEA.
In addition to the requirements in paragraph 1, second subparagraph, the contribution of auctions referred to in point (b) of paragraph 1 to innovation by means of pre-qualification may be assessed by introducing a requirement for all projects to have a certain level of maturity. For this type of auctions, the relevant authorities may also include additional requirements pertaining to knowledge dissemination practices of innovative project results or licensing practices for further research results and developments projects, which are protected by intellectual property rights at a market price and on non-exclusive and non-discriminatory basis for use by interested parties in the EEA.
The level of maturity of the innovation proposed in the auction referred to in paragraphs 2 and 3 shall be assessed, where relevant, by means of credible and established methods such as the reference to a technology readiness level.
Article 15
Sustainability contribution: Energy system integration
When choosing to assess the auction’s sustainability contribution referred to in Article 26(1), point (b), of Regulation (EU) 2024/1735 by means of energy system integration criteria, the relevant authorities shall take into account the contribution of the participating projects to addressing system needs resulting from their operation, based on temporal flexibility, locational impact and connections across energy carriers, under the conditions laid down in paragraphs 2, 3 and 4.
The participating project’s temporal flexibility shall be assessed with regard to the solutions proposed, either as new investments or procured through third parties, in particular in the form of a combination of several renewable generation technologies, a combination of generation assets and electricity storage assets, or a combination of generation assets and demand assets or solutions. Unless duly justified, this assessment shall not exclude any technology that can contribute to address the identified system needs.
The participating project’s locational impact on system needs shall be assessed with regard to the combination of their relevant features, including their temporal generation profile or their generation capacity, and the selection of the site and of the grid connection point, while taking into account network planning.
The participating project’s ability to creating connections across energy carriers shall be assessed with regard to their capacity to transfer renewable energy from one energy carrier to another, and in particular whether they include a combination of generation assets and energy conversion assets.
CHAPTER V ASSESSMENT AND COMPLIANCE WITH THE CRITERIA
Article 16
Assessment of the auctions’ pre-qualification or award criteria and compliance aspects
The relevant authorities shall lay down a transparent, objective and non-discriminatory methodology to assess bids against the selected non-price criteria, in particular through a quantitative assessment of the criteria based on a scoring method set up and published in advance of the bidding process. Where a quantitative assessment is not possible, a qualitative assessment of non-price criteria may be provided for if justified by the public policy objectives pursued and if it is designed in a way that mitigates both the administrative burden and the risk of legal challenges. The methodology for the assessment of the bids shall be designed following consultation and collaboration with stakeholders and experts. When the relevant authorities do not have sufficient information to set up the scoring method in advance, the scoring for a given aspect may also be set by reference to the highest bidder for that particular non-price criterion. In that case, measures shall be put in place to limit strategic bidding.
All bidders to the auction shall, at the moment of the bid or earlier, commit to comply with the auction requirements and specifications included in their offer. The relevant authorities shall decide at which point in time bidders are required to demonstrate compliance with the non-price criteria, which may take place at different points in time throughout the lifetime of the project, as relevant.
With the exception of bidders that qualify as natural persons, companies that are not in the scope of Directive 2013/34/EU as defined in its Articles 19a and 29a and their subsequent modifications and renewable energy communities as defined in Article 2(16) of Directive (EU) 2018/2001, compliance with the criteria referred to in Article 4 shall be assessed against relevant supporting statements assured by independent third parties. Bidders subject to sustainability reporting under Directive 2013/34/EU may present relevant information on how they comply with the requirements of Article 4 by using the format provided therein.
Compliance with the criteria referred to in Article 5 shall be assessed by requiring bidders to present a cybersecurity plan of the bidding project and update it on a regular basis during the implementation of the project.
Compliance with the criteria referred to in Article 7 shall be assessed by requiring bidders to provide customs documentation in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council 35, where available, and other relevant documents demonstrating the origin or place of assembly of the net-zero technology or its main specific components, including invoices or any other means.
The relevant authorities using non-price criteria shall ensure they are complied with.
The relevant authorities shall require bidders to submit appropriate guarantees to ensure compliance with the criteria covered by this Regulation set in the auction specifications, such as bid bonds, completion bonds and performance bonds.
In setting the level of guarantees referred to in paragraph 7, the relevant authorities shall also take into account considerations such as the project costs, the project risks, the project capacity, the value of this capacity for the energy system, the maturity of the technology, the degree of innovation required by the auction, other relevant market conditions and the nature of the infringement. The level of guarantees shall be sufficiently high to deter bidding strategies from pursuing the non-respect of non-price criteria.
Article 17
Penalties
The relevant authorities shall establish penalties for non-compliance with the criteria covered by this Regulation. Those penalties may take different forms, such as lump sum penalties, daily penalties, reductions or the removal of support, or exclusion from participating in future auction rounds.
In setting the level of penalties referred to in paragraphs 1, the relevant authorities shall also take into account considerations such as the project costs, the project risks, the project capacity, the value of this capacity for the energy system, the maturity of the technology, the degree of innovation required by the auction, other relevant market conditions and the nature of the infringement. The level of penalties shall be sufficiently high to deter bidding strategies from pursuing the non-respect of non-price criteria.
CHAPTER VI FINAL PROVISIONS
Article 18
Entry into force and application
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 May 2025.
For the Commission
The President
Ursula VON DER LEYEN
The technologies covered are solar technologies, including photovoltaic (PV), solar thermal electric and solar thermal technologies; onshore wind and offshore renewable technologies; heat pumps and geothermal energy technologies; hydrogen technologies, including electrolysers and fuel cells, where used for the production of renewable energy; sustainable biogas and biomethane technologies; sustainable alternative fuels technologies which are renewable fuels technologies.
In particular the Corporate Sustainability Due Diligence Directive, Directive (EU) 2024/1760 on corporate sustainability due diligence, as well as Directive (EU) 2022/2464 on the Corporate Sustainability Reporting Directive, including Delegated Regulation (EU) 2023/2772 as regards sustainability reporting standards, in particular paragraph 61.
Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859 (OJ L, 2024/1760, 5.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1760/oj).
Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p. 15, ELI: http://data.europa.eu/eli/dir/2022/2464/oj).
Commission Delegated Regulation (EU) 2023/2772 of 31 July 2023 supplementing Directive 2013/34/EU of the European Parliament and of the Council as regards sustainability reporting standards (OJ L, 2023/2772, 22.12.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2772/oj).
Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19, ELI: http://data.europa.eu/eli/dir/2013/34/oj).
See Delegated Regulation (EU) 2023/2772, Annex I, paragraph 61.
Council Conclusions on a Framework for a Joint EU Diplomatic Response to Malicious Cyber Activities (‘Cyber Diplomacy Toolbox’), 19 June 2017.
Council Regulation (EU) 2019/796 of 17 May 2019 concerning restrictive measures against cyber-attacks threatening the Union or its Member States (OJ L 129 I, 17.5.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/796/oj).
Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243, ELI: http://data.europa.eu/eli/dir/2014/25/oj).
These companies would still be subject to the general public procurement framework applicable to them.
Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82, ELI: http://data.europa.eu/eli/dir/2018/2001/oj), amended by Directive (EU) 2023/2413 of the European Parliament and the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/652 (OJ L, 2023/2413, 31.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2413/oj).
Commission Implementing Regulation (EU) 2025/1178 of 23 May 2025 on laying down rules for the application of Regulation (EU) 2024/1735 of the European Parliament and of the Council as regards the list of net-zero technology final products and their main specific components for the purposes of assessing the contribution to resilience (OJ L, 2025/1178, 18.6.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1178/oj ).
Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1, ELI http://data.europa.eu/eli/reg_del/2015/2446/oj).
IEA, Energy Technology Perspectives 2024.
COM(2025) 85 final.
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A new Circular Economy Action Plan For a cleaner and more competitive Europe, COM/2020/98 final.
Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L, 2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj).
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – EU Biodiversity Strategy for 2030, Bringing nature back into our lives, COM(2020) 380 final.
Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (OJ L, 2024/1991, 29.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1991/oj).
Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1369/oj).
Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (OJ L 285, 31.10.2009, p. 10, ELI: http://data.europa.eu/eli/dir/2009/125/oj).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1, ELI: http://data.europa.eu/eli/dir/2000/60/oj)
Commission Delegated Regulation (EU) 2023/2486 of 27 June 2023 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to the sustainable use and protection of water and marine resources, to the transition to a circular economy, to pollution prevention and control, or to the protection and restoration of biodiversity and ecosystems and for determining whether that economic activity causes no significant harm to any of the other environmental objectives and amending Commission Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities (OJ L, 2023/2486, 21.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2486/oj).
Promoting knowledge dissemination may also be pertinent for other type of renewable auctions beyond those that reward innovation.
Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (OJ L 333, 27.12.2022, p. 80, ELI: http://data.europa.eu/eli/dir/2022/2555/oj).
Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI: http://data.europa.eu/eli/dir/2010/75/oj).
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1, ELI: http://data.europa.eu/eli/dir/2011/92/oj).
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj).
Net-positive contributions to biodiversity are additional conservation/restoration outcomes beyond offsetting measures, i.e. measures designed to compensate for residual, unavoidable, adverse biodiversity impacts arising from the project after appropriate prevention and mitigation measures have been taken.
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7, ELI: http://data.europa.eu/eli/dir/2009/147/oj).
Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19, ELI: http://data.europa.eu/eli/dir/2008/56/oj).
Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products (OJ L 153, 18.6.2010, p. 1, ELI: http://data.europa.eu/eli/dir/2010/30/oj).
Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1, ELI: http://data.europa.eu/eli/reg/2013/952/oj).
ELI: http://data.europa.eu/eli/reg_impl/2025/1176/oj
ISSN 1977-0677 (electronic edition)
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