Regulations, 2011

L.N. 175 of 2011

FINANCIAL ADMINISTRATION AND AUDIT ACT

(CAP. 174)

Cleaner and More Energy-Efficient Road Transport Vehicles

Regulations, 2011

IN exercise of the powers conferred by article 4(1)(d) and (i) of

the Financial Administration and Audit Act, the Minister of Finance,

the Economy and Investment has made the following regulations

(1) The title of these regulations is the Cleaner and Citation and

commencement.

More Energy-Efficient Road Transport Vehicles Regulations, 2011.

(2) These regulations shall be deemed to have come into force

on the 4th December, 2010.

Regulation 5

Data for the calculation of operational lifetime costs of road transport vehicles

Table 1: Energy content of motor fuels

Fuel

Energy content

Diesel

36 MJ/litre

Petrol

32 MJ/litre

Natural Gas/Biogas

33-38 MJ/Nm 3

Liquefied Petroleum Gas (LPG)

24 MJ/litre

Ethanol

21 MJ/litre

Biodiesel

33 MJ/litre

Emulsion fuel

32 MJ/litre

Hydrogen

11 MJ/Nm 3

Table 2: Cost for emissions in road transport (in 2007 prices)

CO 2

Oxides of

Non-methane

Particulate

nitrogen (NO x )

hydrocarbons (NMHC)

matter

0.03-0.04 EUR/kg

0.0044 EUR/g

0.001 EUR/g

0.087 EUR/g

Table 3: Lifetime mileage of road transport vehicles

Vehicle category (M and N categories as defined in the

Lifetime mileage

Motor Vehicles (Weights, Dimensions and Equipment)

Regulations - S.L. 65.21)

Passenger cars (M 1)

200,000 km

Light goods vehicles (N 1)

250,000 km

Heavy goods vehicles (N 2 , N 3)

1,000,000 km

Buses (M 2, M 3)

800,000 km

€0.54

In these regulations, unless the context otherwise requires

Interpretation.

"contracting authority" shall have the same meaning as that

assigned to it in regulation 2 of the Public Procurement Regulations; S.L. 174.04

"contracting entity" means a contracting entity referred to in

regulation 2(2) of the Public Procurement of Entities operating in the S.L. 174.06

Water, Energy, Transport and Postal Services Sectors Regulations;

"contractor", "supplier" and "service provider" means either a

natural or a legal person, or a contracting entity, or a group of such

persons and, or entities who offers on the market, respectively, the

execution of works and, or a work, products or services;

"energy" means all forms of commercially available energy,

including electricity, natural gas (including liquefied natural gas),

liquefied petroleum gas, any fuel for heating and cooling (including

district heating and cooling), coal and lignite, peat, transport fuels

(excluding aviation and maritime bunker fuels) and biomass as

defined in Directive 2009/28/EC on the promotion of the use of

energy from renewable sources;

"operator" means an operator, who shall cover equally the

concepts of contractor, supplier and service provider for the discharge

of public service obligations under a public service contract within

the meaning of Regulation (EC) No 1370/2007 on public passenger

transport services by rail and by road in excess of the threshold as

defined in regulation 16 of the Public Procurement of Entities

operating in the Water, Energy, Transport and Postal Services Sectors

Regulations, and Schedule 9 to the Public Procurement Regulations;

"public procurement" means the acquisition, under works,

supplies and services contracts by public bodies or bodies governed

by public law falling within the meaning of contracting authorities;

"public service obligation" means any obligation imposed by

the contracting authority on the operator or contractor, supplier and

service provider to carry out any activity which provides the

execution of works, supply or services for the purpose of these

regulations, and which works, supply or services shall be carried out

at specified prices in the public interest;

"road transport vehicle" means a vehicle in the vehicle

categories listed in Table 3 of the Schedule;

"works, supplies and services contracts" means contracts for

pecuniary interest concluded in writing between one or more of the

contracting entities and one or more contractors, suppliers, and

service providers.

(1) These regulations transpose Directive 2009/33/EC

on the promotion of clean and energy-efficient road transport

vehicles.

(2) These regulations shall apply to contracts for the purchase

of road transport vehicles by a contracting authority listed in

Schedule 1 to the Public Procurement Regulations, a contracting

entity listed in Schedules I to X to the Public Procurement of Entities

operating in the Water, Energy, Transport and Postal Services Sectors

Regulations, or to an operator.

(3) These regulations do not apply to contracts for the

purchase of road transport vehicles that are set out in Article 2(3) of

Directive 2007/46/EC on establishing a framework for the approval

of motor vehicles and their trailers, and of systems, components and

separate technical units intended for such vehicles, provided those

vehicles are not subject to type approval or individual approval.

(1) A contracting authority, contracting entity and an Purchase of

operator shall, in addition to their observance of the rules relating to clean

energy-efficient

public procurement, when purchasing road transport vehicles, take road

vehicles.

into account, in respect of the vehicle purchased, operational lifetime

energy and environmental impacts, which shall include

(a)

energy consumption;

(b)

emissions of CO 2 ; and

(c)

emissions of oxides of nitrogen (NO x ), non-methane

hydrocarbons (NMHC) and particulate matter.

(2) Such contracting authority, contracting entity and operator

may also consider other environmental impacts.

(3) The requirements of sub-regulations (1) and (2) shall be

satisfied by the application by the said contracting authority,

contracting entity or operator of one of the following options

(a)

the setting of technical specifications for energy and

environmental performance in the documentation for the

purchase of road transport vehicles for the impacts listed in sub-

regulation (1) together with any additional environmental

impacts being considered by virtue of sub-regulation (2); or

(b) the inclusion of the energy and environmental

impacts in the purchasing decision by -

(i) using these impacts as award criteria where a

public procurement procedure is applied; and

(ii) applying the methodology set out in

regulation 5 where these impacts are converted into

monetary values for inclusion in the purchasing decision.

(1) For the purpose of regulation 4(3)(b)(ii), operational Methodology

lifetime costs for energy consumption and for the CO 2 emissions and for

calculation of

pollutant emissions set out in Table 2 of the Schedule, shall be operational

lifetime costs.

calculated into monetary values by using the following methodology

(a) the operational lifetime cost of the energy

consumption of a vehicle shall be calculated as follows

(i) the fuel consumption per kilometre of a

vehicle shall be counted in units of energy consumption

per kilometre whether this is given directly, such as is the

case for electrical cars, or not. Where the fuel consumption

is given in different units, it shall be converted into energy

consumption per kilometre, using the conversion factors as

set out in Table 1 of the Schedule for the energy content of

the different fuels,

(ii) 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,

(iii) the operational lifetime cost of the energy

consumption of a vehicle shall be calculated by

multiplying the lifetime mileage, where needed, taking

into account the mileage already performed according to

sub-regulation (3), by the energy consumption per

kilometre according to sub-paragraph (i) and by the cost

per unit of energy according to sub-paragraph (ii);

(b) the operational lifetime cost for the CO 2 emissions

of a vehicle shall be calculated by multiplying the lifetime

mileage, where needed, taking into account the mileage already

performed according to sub-regulation (3), by the CO 2

emissions in kilograms per kilometre according to sub-

regulation (2), and by the cost per kilogram taken from the

range set out in Table 2 of the Schedule;

(c)

the operational lifetime cost for the pollutant

emissions, as listed in Table 2 of the Schedule, of a vehicle shall

be calculated by adding up the operational lifetime costs for

emissions of oxides of nitrogen, non-methane hydrocarbons and

particulate matter. The operational lifetime cost for each

pollutant shall be calculated by multiplying the lifetime

mileage, where needed, taking into account the mileage already

performed, according to sub-regulation (3), by the emissions in

grams per kilometre according to sub-regulation (2) and by the

respective cost per gram. The cost shall be taken from the values

averaged by the Community set out in Table 2 of the Schedule

Provided that a contracting authority, contracting

entity and an operator may apply higher costs so long as such

costs do not exceed the relevant values set out in Table 2 of the

Schedule multiplied by a factor of 2.

(2) Fuel consumption, as well as CO 2 emissions and pollutant

emissions, as set out in Table 2 of the Schedule per kilometre for

vehicle operation, shall be based on standardised Community test

procedures for the vehicles as defined in Community type-approval

legislation. For vehicles not covered by standardised Community test

procedures, comparability between different offers shall be ensured

by using widely recognised test procedures, or the results of tests for

the authority, or information supplied by the manufacturer.

(3) Lifetime mileage of a vehicle, if not otherwise specified,

shall be taken from Table 3 of the Schedule.

B B 2298