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S.I. No. 339/2011 - European Communities (Clean and Energy-Efficient Road Transport Vehicles) Regulations 2011.
Statutory Text (5 Articles)
1. These Regulations may be cited as the European Communities (Clean and Energy-Efficient Road Transport Vehicles) Regulations 2011.
Definitions
2. In these Regulations—
“contracting authority” means the State, a local authority (within the meaning of the
Local Government Act 2001
(No. 37 of 2001)) or a public authority, or an association comprising one or more local authorities or public authorities, or local authorities and public authorities;
“contracting entity” has the meaning assigned to it by Regulation 3 of the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 (
S.I. No. 50 of 2007
;
“Directive” means Directive 2009/33/EC of the European Parliament and of the Council of 23 April 20091 on the promotion of clean and energy-efficient road transport vehicles;
“operator” means a public transport operator within the meaning of
section 2
of the
Dublin Transport Authority Act 2008
(No. 15 of 2008);
“public authority” means a body established by or under statute;
“road transport vehicle” means a vehicle covered by the categories listed in Table 3 of the Annex to the Directive.
Application
3. (1) These Regulations apply to a contract for the purchase of a road transport vehicle—
(
a
) by contracting authorities and contracting entities to which the European Communities (Award of Public Authorities’ Contracts) Regulations 2006 (
S.I. No. 329 of 2006
) or the European Communities (Award of Contracts by Utility Undertakings) Regulations 2007 (
S.I. No. 50 of 2007
), as the case may be, apply,
and
(
b
) by operators, where the contract is estimated to have a value equal to or greater than €422,000.
(2) These Regulations do not apply to a contract for the purchase of a road transport vehicle which is not a relevant vehicle within the meaning of Regulation 3(1) of the European Communities (Road Vehicles: Type-Approval) Regulations 2009 (
S.I. No. 158 of 2009
).
Obligations of contracting authorities, contracting entities and operators
4. (1) A contracting authority, contracting entity or operator, when entering into a contract for the purchase of a road transport vehicle—
(
a
) shall, subject to paragraphs (2) and (3), take into account the operational lifetime energy and environmental impacts of the vehicle, and
(
b
) may take into account other environmental impacts.
(2) The operational lifetime energy and environmental impacts referred to in paragraph (1)(
a
) shall include at least the following—
(
a
) energy consumption,
(
b
) carbon dioxide emissions, and
(
c
) emissions of—
(i) oxides of nitrogen,
(ii) non-methane hydrocarbons, and
(iii) particulate matter.
(3) In order to take into account the operational lifetime energy and environmental impacts referred to in paragraph (1)(
a
), a contracting authority, contracting entity or operator shall—
(
a
) set out the technical specifications for energy and environmental performance in the documentation for the purchase of the road transport vehicle together with any additional environmental impacts being considered, or
(
b
) include those energy and environmental impacts in the purchasing decision by—
(i) using the impacts as award criteria where a procurement procedure is applied, or
(ii) monetising the impacts for inclusion in that decision in accordance with the methodology referred to in Article 6 of the Directive.
GIVEN under my Official Seal,
30 June 2011.
LEO VARADKAR,
Minister for Transport, Tourism and Sport.
1 OJ No. L120, 15.5.2009, p. 5
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
5
th July
, 2011.
I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by
section 3
of the
European Communities Act 1972
(No. 27 of 1972) and for the purpose of giving effect to Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009
1
, hereby make the following regulations
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