Legal provisions of COM(2007)817 - Revised proposal for a Directive of the European Parliament and of the Council on the promotion of clean and energy efficient road transport vehicles

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dossier COM(2007)817 - Revised proposal for a Directive of the European Parliament and of the Council on the promotion of clean and energy ...
document COM(2007)817 EN
date December 19, 2007

Contents

Article 1 - Subject matter

This Directive requires the inclusion of operational lifetime costs of energy consumption, CO2 emissions, and pollutant emissions as award criteria in the procurement of road transport vehicles, by contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC or as criteria for the purchase of such vehicles by operators under contract, licence, permit or authorisation granted by public authorities, in order to promote clean and energy efficient vehicles.

Article 2 - Procurement of c lean and energy efficient vehicles

1. Member States shall ensure that, no later than from the date referred to in Article 7(1), the contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC use the methodology defined in Article 3, whenever they apply operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions as award criteria for the procurement of road transport vehicles.

2. Member States shall ensure that, no later than from 1 January 2012, all public procurement of road transport vehicles by contracting authorities or contracting entities within the meaning of Directives 2004/17/EC and 2004/18/EC includes operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions of road transport vehicles as award criteria, following the methodology defined in Article 3.

3. Member States shall ensure that, no later than from 1 January 2012, all purchase of road transport vehicles for the provision of public passenger transport services under licence, permit or authorisation granted by public authorities includes operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions of road transport vehicles as criteria, following the methodology defined in Article 3.

Article 3 - Energy and environmental costs as award criteria in the procurement of vehicles

1. For the purposes of this Directive, operational lifetime costs for energy consumption, CO2 emissions, and pollutant emissions linked to the operation of the vehicles under procurement shall be monetised and calculated following the methodology set out in points (a), (b) and (c).

(a) The lifetime cost of the energy consumption for the operation of a vehicle shall be calculated using the following methodology:

- the fuel consumption per kilometre of a vehicle according to paragraph 2 of his Article shall be converted into energy consumption per kilometre, using the conversion factors of Table 1 in the Annex for the energy content of the different fuels;

- a single monetary value per unit of energy shall be used. This single value shall be the lower of the cost per unit of energy of petrol or diesel before tax when used as a transport fuel;

- lifetime cost of the energy consumption for the operation of a vehicle shall be calculated by multiplying the lifetime mileage according to paragraph 3 by the energy consumption per kilometre according to the first indent of this paragraph, and by the cost per unit of energy according to the second indent of this paragraph.

(b) The lifetime cost for the CO2 emissions of the operation of a vehicle shall be calculated by multiplying the lifetime mileage according to paragraph 3 by the CO2 emissions in kilograms per kilometre according to paragraph 2, and by the cost per kilogram taken from Table 2 in the Annex.

(c) The lifetime cost for the pollutant emissions of the operation of a vehicle shall be calculated by adding up the lifetime costs for emissions of oxides of nitrogen, non-methane hydrocarbons, and particulate matter. The lifetime cost for each pollutant shall be calculated by multiplying the lifetime mileage according to paragraph 3 by the emissions in grams per kilometre according to paragraph 2, and by the respective cost per gram taken from Table 2 in the Annex.

2. Fuel consumption, CO2 emissions, and pollutant emissions per kilometre for vehicle operation shall be based on standardised EU test procedures for the vehicles for which such test procedures are defined in EU type approval legislation. For vehicles not covered by standardised EU test procedures, comparability between different offers shall be ensured by using widely recognised test procedures, or the results of tests for the authority, or in the absence of these, information supplied by the manufacturer.

3. Total lifetime mileage of a vehicle shall be based on the technical specifications used in the procurement. In their absence, it shall be taken from Table 3 in the Annex.

Article 4 - Adaptations to technical progress

The adaptations to technical progress of the data for the calculation of the operational lifetime costs of road transport vehicles as set out in the Annex, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).

Article 5 - Committee

1. The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 5a(1) to (4) and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 6 - Reporting and review

1. Every two years, with effect from the date referred to in Article 8, the Commission shall prepare a report on the application of this Directive and on the actions taken by individual Member States to promote the procurement of clean and energy efficient road transport vehicles.

2. The report shall assess the effects of this Directive and the need for further action, and include proposals as appropriate.

Article 7 - Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 months from the date in Article 8 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. When Member States adopt those provisions, they shall contain a reference to this Directive, or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 8 - Entry into force

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

Article 9 - Addressees

This Directive is addressed to the Member States.