Considerations on 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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(1) Natural resources and their prudent and rational utilisation as referred to in Article 174(1) of the Treaty, include oil, which ranks first in the European energy consumption but is also a major source of pollutant emissions.

(2) The Commission Communication entitled 'A sustainable Europe for a Better World: a European Union strategy for Sustainable Development'[8], presented to the Gothenburg European Council of 15 and 16 June 2001, identified greenhouse gas emissions and pollution caused by transport among the main obstacles to sustainable development.

(3) Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme[9] acknowledges the need for specific measures to enhance energy efficiency and energy saving, the integration of climate change objectives into transport and energy policies as well as the need for specific measures in the transport sector to address energy use and greenhouse gas emissions.

(4) The Commission Communication “An energy policy for Europe”[10] proposed an EU commitment to achieve at least a 20% reduction of greenhouse gases by 2020 compared to 1990. Binding targets for further improvement of energy efficiency by 20%, a level of 20% of renewable energy and a 10% biofuels share in the motor fuel market in the Community by 2020 have been proposed, i.a. to improve security of energy supply by diversifying the fuel mix.

(5) The Commission Communication on an 'Action Plan for Energy Efficiency: Realising the Potential'[11] announced that the Commission will continue its efforts to develop markets for cleaner, smarter, safer and energy-efficient vehicles through public procurement and awareness-raising.

(6) The mid-term review of the Commission's 2001 Transport White Paper “Keep Europe moving – Sustainable mobility for our continent”[12] announced that the Community will stimulate environmentally friendly innovation in particular by successive Euro norms and by the promotion of clean vehicles on the basis of public procurement.

(7) The Commission presented a comprehensive new strategy to enable the EU to reach its 120 g/km objective for CO2 emissions from new passenger cars by 2012[13]. A legislative framework was proposed to ensure vehicle technology improvements. Complementary measures should promote the procurement of fuel-efficient vehicles.

(8) The Green Paper on Urban Transport 'Towards a new culture for urban mobility'[14] notes the support of stakeholders for promoting the market introduction of clean and energy efficient vehicles through green public procurement. It proposes that 'a possible approach could be based on the internalisation of external costs by using lifetime costs for energy consumption, CO2 emissions, and pollutant emissions linked to the operation of the vehicles to be procured as award criteria, in addition to the vehicle price. In addition, public procurement could give preference to new Euro standards. The earlier use of cleaner vehicles could then improve air quality in urban areas'.

(9) The CARS 21 High Level Group report of 12 December 2005 supported the Commission's initiative on the promotion of clean and energy-efficient vehicles, on condition that a technology-neutral and performance based approach is taken.

(10) The High Level Group on competitiveness, energy and the environment, in its report of 27 February 2007, recommended that private and public procurement should take account of full lifetime costs with emphasis on energy efficiency. Member States and the Community should develop and publish public purchasing guidance on how to move beyond lowest price tendering of more sustainable intermediate goods in line with public procurement directives.

(11) Clean and energy efficient vehicles initially have a higher price than conventional ones. Creating sufficient demand for such vehicles should ensure that economies of scale can lead to cost reductions.

(12) Procurement of vehicles for public transport services can make a significant impact on the market if harmonised criteria are applied at Community level.

(13) The biggest impact on the market, together with the best cost/benefit result is obtained through mandatory inclusion of lifetime costs for energy consumption, CO2 emissions, and pollutant emissions as award criteria in the procurement of vehicles for public transport services.

(14) Including energy consumption, CO2 emissions, and pollutant emissions in the award criteria does not impose higher total costs but rather anticipates lifetime costs in the procurement decision. Complementary to the Euro emissions standard legislation, which sets maximum emission limits, this approach monetises the actual pollutant emission and does not require any additional standard setting.

(15) The ExternE study[15], the Clean Air for Europe (CAFE[16]) programme of the Commission, and the HEATCO study[17] have provided information on the costs of CO2, NOx, non-methane hydrocarbons, and particulate matter emissions. Costs are taken at present value to keep the award procedure simple.

(16) Mandatory application of criteria for the procurement of clean and energy efficient vehicles does not preclude the inclusion of other relevant award criteria. It also does not prevent the choice of retro-fitted vehicles upgraded for higher environmental performance.

(17) This Directive should not prevent contracting authorities and contracting entities from giving preference to the latest Euro pollutant emission standards in the procurement of vehicles for public transport services before these standards become obligatory.

(18) Power should be conferred on the Commission to adapt the technical data for the calculation of the operational life-costs of road transport vehicles established by this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[18].

(19) Since the objective of promoting clean and energy efficient vehicles cannot be sufficiently achieved by the Member States individually, but requires action at Community level in order to provide a critical mass of vehicles for cost-efficient developments by European industry, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the EC Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.