Public Procurement to support European solar

SolarPower Europe, therefore, requests a stepwise and case-by-case implementation approach - starting with two key components and gradually expanding to four, mirroring the structure used under the NZIA and referencing the Union Customs Code (UCC) for public procurement. As for BESS, we call on the EU Commission to refrain from premature national content requirements in the near and mid-term.

We recommend using the 2028 revision of the Net-Zero Industry Act’s market access chapters as the venue to consider applying any “Made in Europe”2 criteria for either solar PV or utility-scale BESS in public auctions or support schemes. We ask to refrain from making any changes to these frameworks set by NZIA before this date, neither by re-opening the legislation itself nor by adding a new layer of requirements via the Industrial Accelerator Act. 

SolarPower Europe supports the application of “Made in Europe” in public procurement, especially for the solar rooftop market, as award criteria rather than strict prequalification to preserve competition, avoid market slowdown, and prevent undue concentration of pricing power in public procurement.

To ensure legal certainty and consistent implementation across the EU between the public procurement framework and the NZIA, SolarPower Europe urges the European Commission to provide harmonised guidance clarifying how “adequate evidence of origin” under Article 25(7)(c) NZIA should be assessed in relation to the revision of the Public Procurement rules. This can be done via a Guidance on Art. 25 or the Public Procurement Framework referencing the NZIA Art. 25, following the principles as set out under point Determination and proof of the origin of net-zero technologies in the Commission Guidance C/2026/123 on the implementation of Article 28 of the NZIA.

In order to provide a competitive advantage to European manufacturers, non-price criteria must carry a sufficiently high overall weight in the evaluation so that higher- cost European offers can realistically compete with imported products. At the same time, the number of non-price criteria should remain limited and well targeted, rather than fragmented across many small sub-criteria, to avoid complexity and dilution of impact.

SolarPower Europe advocates for an exemption (or derogation) from the “Made in Europe” criterion for publicly owned entities operating in the energy sector, rather than extending this requirement to private companies to restore a level playing field.

SolarPower Europe recommends that carbon-footprint performance criteria in public procurement become the central minimum environmental sustainability requirement for PV modules, alongside the technical durability specifications proposed in the Implementing Act to Article 25 NZIA.

Solar PV systems which are installed via public procurement should also follow the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct and United Nations Guiding Principles on Business and Human Rights relating to responsible business conduct as a reference, which are all connected to the ILO Convention. Recommended robust certification schemes are the Responsible Business Alliance (RBA), Validated Assessment Programme (VAP), SA8000 social standard, Together for Sustainability (“TfS”), the Solar Stewardship Initiative (SSI) or equivalent.

SolarPower Europe advocates integrating cybersecurity considerations into procurement processes by including NIS2-compliant risk assessments in tender criteria for distributors and installers, and by mandating CRA-aligned cybersecurity standards for PV inverters and remote-controlled devices within supplier contracts. A requirement to demonstrate compliance with applicable cybersecurity requirements can be provided, where appropriate and where available, through a relevant European cybersecurity certification scheme.

SolarPower Europe calls for a carefully targeted implementation of “Made in EU” criteria in appropriate areas (e.g. public procurement). SolarPower Europe stresses that to avoid conflicting objectives (made in Europe vs. electrification), complementary measures should allocate “Made in Europe” costs fairly without penalising electricity competitiveness. SolarPower Europe recommends supporting EU manufacturers to reduce price gaps versus imports (i.e., the extra price to be paid in public procurement) and advocates compensating end-users for higher electricity costs (e.g., lower taxes and levies, reduced VAT compared to gas supplies). 

SolarPower Europe supports a balanced approach that safeguards both supply chain resilience and the affordability of clean electrification technologies.