Niederlande In lower-level regulations, it ensures that contracting authorities may be required to establish minimum (threshold values) environmental performance requirements in the technical specifications for certain materials when used in civil engineering contracts.
Amendment to the Environmental Management Act in connection with the introduction of the requirement to establish environmental performance requirements in tenders for civil engineering contracts
The legislative proposal is a delegation basis in the Environmental Management Act and ensures that, in lower-level regulations, contracting authorities and special sector companies may be required to include in the technical specifications that minimum (threshold values) environmental performance requirements are established for certain materials
or products to the extent that they are used in civil engineering projects. Articles 9.6.2 and 9.6.3 may contain technical requirements that are further elaborated in lower-level regulations. This pertains to the following regulations:
Article 9.6.2 stipulates that, in lower-level regulations, minimum environmental performance requirements may be indicated for the most impactful materials and products that contracting authorities and special sector companies must take into account when preparing and developing the tendering of civil engineering contracts. The choice of materials and products that will be established in the lower-level regulations are the result of the high environmental impact they have within civil engineering contracts. The intention is to designate the materials of asphalt and concrete because they are the most environmentally harmful materials used in civil engineering work. Article 9.6.3 stipulates that contracting authorities are obliged to
include the requirements in tenders for civil engineering contracts and indicate any exceptions to these. These are technical requirements in the form of minimum environmental performance requirements for the products designated in the lower-level legislation by means of a prescribed calculation method laid down therein. The basis of this calculation method is an LCA calculation in accordance with the European standard EN15804.
A mutual recognition clause is included in the lower-level legislation, specifying the materials to which the technical requirements will apply.