Commission 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

Implementing Regulation (EU) 2025/1176 · Regulation · 18 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

CHAPTER I — SUBJECT MATTER, DEFINITIONS AND GENERAL PRINCIPLES

Subject matter

Article 1

This Regulation lays down specifications for the criteria laid down in Article 26 of Regulation (EU) 2024/1735.

Definitions

For the purposes of this Regulation, the following definitions shall apply: (1) ‘renewable energy community’ means a renewable energy community as defined in Article 2(16) of Directive (EU) 2018/2001; (2) ‘due diligence’ means a process whereby companies identify, prevent, mitigate and account for how they address the environmental and social negative impacts resulting from their business activities related to the auction; these include negative impacts connected with the company’s own operations and its upstream and downstream value chain, including through its products or services, as well as through its business relationships; (3) ‘network and information system’ means network and information systems as defined in Article 6, point 1 of Directive (EU) 2022/2555 of the European Parliament and of the Council ( 27 ) ; (4) ‘security of network and information systems’ means security of network and information systems as defined in Article 6, point (2) of Directive (EU) 2022/2555; (5) ‘operational control’ means the authority to introduce and implement operating policies that govern day-to-day activities, processes and resources to ensure the smooth functioning of an installation, and in particular of its network and information systems; (6) ‘assembling’ of a PV module means the integration and interconnection of a series of PV cells or equivalent components as listed in Implementing Regulation (EU) 2025/1178 into a single unit; (7) ‘carbon footprint’ means the sum of greenhouse gas emissions and greenhouse gas removals in a product system, considering all relevant activities within the spatial and temporal boundary of the system, expressed as carbon dioxide equivalents assessed based on 100-year time horizon global warming potentials and calculated based on a life cycle assessment study using the single impact category of climate change; (8) ‘circular economy’ means an economic system whereby the value of products, materials and other resources in the economy is maintained for as long as possible, enhancing their efficient use in production and consumption, thereby reducing the environmental impact of their use, minimising waste and the release of hazardous substances at all stages of their life cycle, including through the application of the waste hierarchy; (9) ‘biodiversity impact’ means any change in biodiversity such as in the abundance or distribution of species or distribution, structure and functions of habitats and ecosystems as a direct or indirect effect of net-zero technologies along their life cycle; (10) ‘energy efficiency’ means the ratio of output of energy to the input of energy in the case of energy-generating products or the conversion efficiency, i.e. the ratio of the output of energy to the input of energy in the case of energy-converting and energy storage products; (11) ‘pollution’ means pollution as defined in Article 3, point (2) of Directive 2010/75/EU of the European Parliament and of the Council ( 28 ) and, for water-related pollution, as defined in Article 2(33) of Directive 2000/60/EC; (12) ‘temporal flexibility’ means the ability of market participants to adapt generation, grid feed-in and consumption patterns to contribute to system needs across the relevant time frames, generally by reacting to market signals, in particular in the electricity sector; (13) ‘locational impact’ means the ability of market participants to help address the needs of the electricity system based on the selection of the site and the grid connection point; (14) ‘connection across energy carriers’ means the ability of market participants to transfer energy from one energy carrier to another through energy conversion assets.

General principles

Article 3

Non-price criteria in auctions pursuant to Article 26(1) of Regulation (EU) 2024/1735 shall comply with the following general principles: (a) they shall be defined and evaluated in an objective, transparent and non-discriminatory manner, taking into account the policy objectives of the auction and the potential contribution of each technology to those objectives; (b) they shall reflect the market maturity of the technologies addressed and may be designed by involving relevant interested market participants, including developers, manufacturers, civil society and experts, in the different non-price criteria included in the auction; (c) they shall contribute to the rapid, efficient and sustainable deployment of renewable energy in a competitive manner, attract private investment and provide benefits such as investment certainty; (d) they shall ensure a competitive bidding process and avoid creating insurmountable and unjustified entry barriers and disproportionate costs, while dissuading companies without a firm intention of realising the project and meeting the project specifications from bidding; (e) they shall be applied in accordance with Union law and the commitments of the Union pursuant to international trade and investment agreements; (f) they shall use assessment methods provided for in Union legislation for that net-zero technology, where available; (g) where delegated acts under Article 4 of Regulation (EU) 2024/1781 set classes of performance in relation to net-zero technologies, the relevant criteria of the auction for the deployment of such net-zero technology shall be based on those classes of performance.

CHAPTER II — MANDATORY PRE-QUALIFICATION CRITERIA

Responsible business conduct

Article 4

1. Pre-qualification criteria related to responsible business conduct shall require bidders, except if they are 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 or renewable energy communities, to take action to address, in their business activities related to the auction, the core elements of due diligence set out in Article 5(1) points (a) to (g) of Directive (EU) 2024/1760 on Corporate Sustainability Due Diligence. 2. The relevant authorities shall require bidders, except if they are 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 or renewable energy communities, to publicly communicate on their responsible business conduct by means of a public statement that covers at least the core elements listed under point 61(a) to (e) of Annex I to Delegated Regulation (EU) 2023/2772. 3. The relevant authorities shall require 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 that present a bid concerning projects with a capacity above 10 MW to report, in their business activities related to the auction, on the core elements of due diligence set out in point 61(c) and (d) of Annex I to Delegated Regulation (EU) 2023/2772 or by using sustainability reporting standards for voluntary use recommended at Union level, where available. 4. The relevant authorities may apply paragraphs 1 and 2 to 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 that present a bid concerning projects with a capacity above 10 MW. If they apply those paragraphs to those bidders, paragraph 3 shall not apply.

Cybersecurity and data security (pre-qualification criteria)

Article 5

Pre-qualification criteria related to cybersecurity and data security shall require bidders to: (a) take appropriate and proportionate technical, operational and organisational measures that reflect the principles of security by design and by default to ensure the security of the renewable energy installation’s network and information systems including, where relevant, measures listed in Article 21(2) of Directive (EU) 2022/2555; (b) where, 9 months or more before the publication of an auction within the scope of Article 26 of Regulation (EU) 2024/1735, the bidder is subject to the jurisdiction of a third country requiring the bidder to report information on software or hardware vulnerabilities to authorities of that third country prior to those vulnerabilities being known to have been exploited or there is a public statement on behalf of the Union or the Member State carrying out the auction that threat actors operating out of the territory of that third country have carried out malicious cyber activities or campaigns, present a cybersecurity plan outlining how the bidder guarantees the security of the installation and of the overall system and more specifically take the necessary technical, operational and organisational measures to ensure that data used for or generated in their business activities related to the auction are stored in and not transferred outside the European Economic Area; (c) ensure and demonstrate, where the bidder relies on suppliers for the supply of ICT products used in the renewable energy installation or ICT services related to its operation, that the suppliers take the measures referred to in point (a) and where those suppliers meet any of the two conditions set in point (b) for bidders, that those suppliers also take the measures referred to in point (b); (d) ensure that an operator established in the European Economic Area maintains operational control of the installation.

Ability to deliver the project fully and on time

Article 6

1. Pre-qualification criteria related to the ability to deliver the project fully and on time shall require bidders to provide two or more of the following documents: (a) documentation to identify the bidder or bidders in the case of a bidding consortium; (b) documentation showing compliance with the applicable laws, including any relevant permits that are required to build and operate the project or documentation demonstrating eligibility to obtain such permits; (c) documentation on the company’s financial and economic situation proving their financial capability to complete the project and face potential liabilities rather than filing for bankruptcy or avoiding facing these liabilities through other means, such as requirements on minimum net worth, profits or long-term debt ratings; (d) a description of the project in accordance with the requirements included in the auction specifications; (e) evidence of the technical feasibility, knowledge and experience to complete the project, including evidence of past experience in completing similar projects; (f) a timetable for the construction and operation of the project, including the dates of all relevant intermediate steps leading to project completion. 2. The requirements in paragraph 1 of this article shall be modulated depending on the project costs, the project risks, the project capacity, the maturity of the technology, the degree of innovation required by the auction and other relevant market conditions.

CHAPTER III — RESILIENCE CONTRIBUTION

Resilience contribution

Article 7

1. Where, 9 months or more before the day of the publication of an auction within the scope of Article 26 of Regulation (EU) 2024/1735, the Commission has determined in accordance with Article 29(2) of that Regulation that more than 50 % of the supply within the Union of the net-zero technologies final products referred to in points (a) to (f) of this subparagraph originates in a single third country, or that the supply within the Union of the net-zero technologies final products referred to in points (a) to (f) of this subparagraph originating in a single third country has increased by at least 10 percentage points on average for two consecutive years and reaches at least 40 % of the supply within the Union, the relevant authorities shall allow participation in the auction or award points only to bids that fulfil the following requirements concerning the final products and main specific components listed in Implementing Regulation (EU) 2025/1178 that are part of the bid: (a) For PV technologies, the final products are not assembled in that third country and at least four main specific components used do not originate in that third country. The PV inverters and the PV cells or equivalent do not originate and the PV modules are not assembled in that third country. (b) For onshore wind technologies, the final products do not originate in that third country and no more than three main specific components originate in that third country. Direct drive drivetrains (including generator) and/or gearbox drivetrains (including generator) do not originate in that third country. (c) For offshore wind technologies, the final products do not originate in that third country and no more than four main specific components originate in that third country. Direct drive drivetrains (including generator) and/or gearbox drivetrains (including generator) do not originate in that third country. (d) For electrolysers, the final products do not originate in that third country and no more than two main specific components originate in that third country. The stack does not originate in that third country. (e) For heat pump technologies, the final products do not originate in that third country and no more than one main specific component originates in that third country. (f) For all the net-zero technologies falling under the scope of Article 26 of Regulation (EU) 2024/1735 other than those listed in points (a) to (e), the final products do not originate in that third country. Where, 9 months or more before the day of the publication of the relevant auction, the Commission has determined in accordance with Article 29(2) of Regulation (EU) 2024/1735 that, in addition to the conditions mentioned in the first subparagraph, more than 85 % of the supply within the Union of one or more main specific components originate in a single third country, Member States shall allow participation in the auction or award points only to bids in which, for at least one of those main specific components, the quantity of that component originating in that third country does not exceed 85 %. Where auctions are published less than 9 months after the day on which the Commission has most recently determined the share of the Union supply originating in a single third country referred to in the first and second subparagraphs, the relevant authorities shall apply this paragraph on the basis of that latest determination or the previous one. If there is no previous one, the relevant authorities may apply this paragraph on the basis of the latest determination. 2. Where the conditions set out in paragraph 1 are not met but 9 months or more before the day of the publication of an auction within the scope of Article 26 of Regulation (EU) 2024/1735 the Commission has determined that more than 50 % of the supply of one or more main specific components of a specific net-zero technology within the Union originates in a single third country or the supply within the Union of one or more main specific components of that net-zero technology originating in a single third country has increased by at least 10 percentage points on average for two consecutive years and reaches at least 40 % of the supply within the Union, the relevant authorities shall allow participation in the auction or award points only to bids in which the quantity of each of those main specific components originating in that third country does not exceed 50 %. When applying this obligation, the relevant authorities may combine the application of pre-qualification and award criteria for the different main specific components. Where the share of supply within the Union originating in a single third country referred to in the first subparagraph is above 85 %, the relevant authorities may increase the limit on the maximum quantity of components of the first subparagraph from 50 % to up to 85 %. Where auctions are published less than 9 months after the day on which the Commission has most recently determined the share of the Union supply originating in a single third country referred to in the first and second subparagraphs, the relevant authorities shall apply this paragraph on the basis of that latest determination or the previous one. If there is no previous one, the relevant authorities may apply this paragraph on the basis of the latest determination. 3. For onshore wind technologies, offshore wind technologies and electrolysers, where the Commission, at the time of the publication of the auctions, has not determined in accordance with Article 29(2) of Regulation (EU) 2024/1735 that more than 50 % of the supply within the Union of a specific net-zero technology final product, or more than 40 % with two consecutive years of increase by at least 10 percentage points on average, originates in a single third country, the relevant authorities shall apply the resilience criterion by allowing participation in the auction or award points only to bids for which at least 75 % of the final products that are part of the bid fulfil the requirements set in paragraph 1, with respect to final products and main specific components originating or assembled in the People’s Republic of China.

CHAPTER IV — SUSTAINABILITY CONTRIBUTION

Environmental sustainability – carbon footprint

Article 8

1. 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 a carbon footprint criterion, the relevant authorities shall include a pre-qualification or award criterion or a combination of both and indicate the net-zero technologies, among the ones falling under the scope of Article 26 of Regulation (EU) 2024/1735, whose carbon footprint has to be assessed at project level or component level, and, for each net-zero technology, the applicable objective, transparent and non-discriminatory carbon footprint assessment methodology. 2. Bidders shall be required to measure and communicate the carbon footprint using life cycle assessment methods provided for in binding Union law that specifically addresses the renewable energy technologies at stake in the auction, where available. Where there is no binding Union methodology to measure and communicate the carbon footprint of a specific net-zero technology, but there is a binding Union methodology to calculate the carbon footprint of a product and the act establishing that methodology indicates that it can be used as guidance for calculating the carbon footprint of a certain net-zero technology, bidders shall be required to measure and communicate the carbon footprint for that net-zero technology using that methodology. 3. If not specified in the methodology used, the relevant authorities shall define and publish functional units, system boundaries and assumptions used to measure the carbon footprint and oblige the bidders to report their calculations in a transparent manner. If not specified in the methodology used, national authorities shall define and disclose modelling and data quality requirements for primary data, secondary data and databases used. The relevant authorities shall require the use of consistent and representative data. 4. For carbon footprint methodologies not covered by paragraph 2 of this article, the carbon footprint assessment shall at least cover greenhouse gas emissions due to the following life cycle phases of the relevant net-zero technologies: (i) extracting, producing, processing and transporting resources; (ii) manufacturing processes; (iii) electricity/energy used for those processes; (iv) transport of the components and final product; (v) installation, operation and maintenance; (vi) decommissioning and end of life.

Environmental sustainability – circular economy

Article 9

1. 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 circular economy criteria, as pre-qualification criteria or award criteria or a combination of both, the relevant authorities shall take into account the contribution of the projects participating in the auction to one or more of the following parameters, provided they constitute a substantial part of the environmental impact of the product: — recyclability of products, referring to one or more relevant product parameters as set out in point (d) of Annex I to Regulation (EU) 2024/1781, — ease of repair and maintenance or ease of upgrading, reuse, remanufacturing and refurbishment of products, referring to one or more relevant product parameters as set out in points (b), (c) and (e) of Annex I to Regulation (EU) 2024/1781, — use or content of recycled materials in products, including critical raw materials. 2. In defining circular economy criteria referred to in paragraph 1, the relevant authorities shall make use of methods provided for in Union legislation specifically addressing the net-zero technologies in the scope of this implementing regulation, where available. If no such methods are provided or referred to in Union legislation, the relevant authorities shall use methods set out in international standards, where available.

Environmental sustainability – biodiversity impact

Article 10

1. 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 criteria related to the biodiversity impact of the operation of the net-zero technologies, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project’s contribution to improving the biodiversity impact of net-zero technologies during their installation, operation and decommissioning phases as laid down in paragraphs 2 and 3. 2. Where the relevant authorities include the biodiversity impact of net-zero technologies as a pre-qualification criterion, the criterion shall include the following elements: (a) the presence of a system to monitor the positive and negative biodiversity impacts of the installation during the installation, operation and decommissioning phase; (b) a commitment to implement adaptative solutions to mitigate potential negative impacts on biodiversity as identified under environmental assessments performed if relevant pursuant to Directive 2011/92/EU of the European Parliament and of the Council ( 29 ) and/ or Council Directive 92/43/EEC ( 30 ) and under point (a) of this paragraph and ensure the effectiveness of solutions to contribute positively to biodiversity if such solutions are deployed. The system referred to in point (a) of the first subparagraph shall monitor the impacts on land, above land, in soils, in water, at the sea floor, above the sea floor, above the sea surface, including noise and pollution, as relevant with a view to the technology at stake. The data and information collected by the system referred to in point (a) of the first subparagraph shall be shared at least with the scientific community and public authorities unless it is commercially sensitive information. 3. Where the relevant authorities include the biodiversity impact of net-zero technologies as an award criterion, the criterion shall require net-positive contributions to biodiversity ( 31 ) , when identified as relevant by the public authority, in one or several of the following areas: (a) the conservation of habitats or species, or both, under Directive 92/43/EEC; (b) the conservation of wild birds, including their habitats, under Directive 2009/147/EC of the European Parliament and of the Council ( 32 ) ; (c) the restoration of ecosystems under Regulation (EU) 2024/1991; (d) for offshore installations, the achievement of good environmental status under Directive 2008/56/EC of the European Parliament and of the Council ( 33 ) ; (e) the achievement of good water status under Directive 2000/60/EC. The measures to fulfil this criterion may take place onsite or offsite.

Environmental sustainability – energy efficiency

Article 11

1. 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 efficiency criteria, the relevant authorities shall include a pre-qualification or award criterion or a combination of both that identifies the products whose energy efficiency is assessed and, for each product, the applicable assessment methodology. Energy efficiency shall be measured and assessed based on the methods for the product concerned provided for in Union legislation, where available. 2. Where a product is covered by a delegated act adopted under Regulation (EU) 2017/1369, Directive 2010/30/EU of the European Parliament and of the Council ( 34 ) or by a related Commission implementing act, the criterion referred to in paragraph 1 shall comply with the criterion laid down in Article 7(2) of that Regulation (EU) 2017/1369. 3. Where a product not covered under paragraph 2 is covered by an implementing measure under Directive 2009/125/EC, the criterion shall refer to products that comply with energy efficiency benchmarks specified in that implementing measure. 4. Where a product is not covered under paragraph 2 or 3, energy efficiency shall be measured and assessed based on other methods provided for in Union legislation, where available. 5. Where Union legislation does not provide for relevant methods and paragraph 4 does not apply, energy efficiency shall be measured and assessed based on international standards.

Environmental sustainability – efficient water use and solutions avoiding water pollution

Article 12

1. 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 water-related criteria, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project operation’s contribution to preserving and, where applicable, improving the status of water bodies. 2. Where the relevant authorities include the water-related impact of net-zero technologies as a pre-qualification criterion, the criterion shall include the following elements: (a) the presence of a system to monitor the positive and negative impacts on water of the installation during all relevant life-cycle stages; (b) the commitment to implementing adaptative solutions to avoid negative impacts on water status and ensure the effectiveness of solutions to generate positive impacts, where applicable, and contribute to preserve or achieve good water status as demonstrated by the monitoring system referred to in point (a); 3. Where the relevant authorities include the water-related impact of net-zero technologies as an award criterion, the criterion shall require positive contributions to achieve or maintain good water quality and quantity under Directive 2000/60/EC.

Environmental sustainability – pollution

Article 13

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 pollution-related criteria, the relevant authorities shall include pre-qualification criteria or award criteria or a combination of both to assess the project’s contribution to reducing pollution, other than from greenhouse gases, during installation, operation and decommissioning. Relevant methodologies, thresholds and compliance mechanisms shall be defined in accordance with and based on Union law, if available, and taking into account as applicable the criteria laid down in Appendix C to Delegated Regulation (EU) 2023/2486.

Sustainability contribution: innovation

Article 14

1. 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. 2. 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. 3. 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. 4. 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.

Sustainability contribution: Energy system integration

Article 15

1. 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. 2. 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. 3. 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. 4. 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

Assessment of the auctions’ pre-qualification or award criteria and compliance aspects

Article 16

1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. The relevant authorities using non-price criteria shall ensure they are complied with. 7. 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. 8. 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.

Penalties

Article 17

1. 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. 2. 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

Entry into force and application

Article 18

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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