Denmark Sustainable Procurement Act: Denmark Sustainable Procurement Law: Environmental Criteria in Tenders

What's Required

Suppliers bidding for Danish public contracts may need to:

• Review sustainability criteria in tender documents.

• Provide documentation supporting environmental, climate or social claims.

• Meet technical specifications related to energy use, emissions, recycled content, eco-labels, circularity or material sourcing.

• Use life-cycle costing data where required.

• Comply with contract performance clauses on sustainability.

• Maintain evidence such as certifications, test reports, supplier declarations, emissions data or product documentation.

• Avoid misleading green claims in tender responses.

• Deliver the sustainability performance promised during procurement.

• Cooperate with contracting authorities during audits, contract monitoring or documentation checks.

Public contracting authorities may need to:

• Design tender criteria in line with Danish and EU procurement rules.

• Ensure sustainability criteria are proportionate, transparent and linked to the subject matter of the contract.

• Apply award criteria consistently and fairly.

• Monitor whether suppliers meet sustainability commitments during contract execution.

Important Deadlines

There is no single universal deadline for “Denmark Sustainable Procurement Act” compliance.

Relevant deadlines usually arise from:

• Tender submission deadlines.

• Documentation deadlines set in procurement documents.

• Contract performance milestones.

• Reporting dates included in public contracts.

• Deadlines under specific environmental, product, labour or due diligence rules referenced in the tender.

Denmark’s national Strategy for Green Public Procurement supports a greener public purchasing system and strengthens guidance for public buyers. Public procurement is treated as an important tool for supporting Denmark’s climate and environmental goals.

Current Status

Denmark’s sustainable procurement framework is currently in force.

The Danish Public Procurement Act and EU procurement rules are legally binding, while green public procurement strategies and guidance shape how public authorities design tenders. Sustainability requirements become directly enforceable when included in procurement documents, award criteria or contract clauses.

This means the framework is not purely voluntary for suppliers once they choose to participate in a tender with sustainability requirements. Non-compliance can affect bid eligibility, contract award, contract performance and future credibility with public-sector buyers.

Sustainable procurement is also becoming more important due to EU climate, circular economy and corporate sustainability rules. Danish contracting authorities increasingly use procurement to support emissions reduction, resource efficiency and responsible business conduct.

Penalties for Non-Compliance

• Statutory fines

There is usually no standalone statutory fine simply for failing to follow a general “sustainable procurement” policy.

However, non-compliance can create consequences under procurement law, contract law, marketing law or sector-specific regulations.

Potential consequences may include:

• Exclusion from a tender process.

• Rejection of a bid for failure to meet technical specifications.

• Loss of evaluation points under sustainability award criteria.

• Contract termination for failure to meet sustainability obligations.

• Withholding of payment or contractual remedies.

• Damages or legal claims by contracting authorities.

• Procurement complaints or annulment of award decisions.

• Fines or penalties if false environmental claims also breach marketing, product or environmental law.

• Reputational damage with public buyers, investors and customers.

Because suppliers are mainly bound through tender and contract terms, the most immediate consequence is usually contractual enforcement or loss of access to public procurement opportunities.

Examples of Known Violations

As of May 2026, we were not able to find a consolidated public database of penalties imposed specifically under a “Denmark Sustainable Procurement Act”.

This is because Denmark’s sustainable procurement rules are implemented through general procurement law, individual tenders and contract conditions rather than one separate sustainability procurement statute.

However, procurement disputes can arise where sustainability criteria are unclear, disproportionate, incorrectly evaluated or not linked properly to the contract. Suppliers may also face contract enforcement where promised sustainability performance is not delivered.

Resources

• https://www.oecd.org/en/publications/harnessing-public-procurement-for-the-green-transition_e551f448-en.html

• https://en.kfst.dk/public-procurement/procurement-rules

• https://oes.dk/indkoeb/strategy-for-green-public-procurement/