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