Cleaner and More Energy-Efficient Road Transport Vehicles

L.N. 75 of 2022

PUBLIC FINANCE MANAGEMENT ACT

(CAP. 601)

Cleaner and More Energy-Efficient Road Transport Vehicles

(Amendment) Regulations, 2022

IN EXERCISE of the powers conferred by article 4(d) and (l) of

the Public Finance Management Act, the Minister for Finance and

Employment has made the following regulations:-

The title of these regulations is the Cleaner and More Citation.

Energy-Efficient Road Transport Vehicles (Amendment) Regulations,

2022 and these regulations shall be read and construed as one with the

Cleaner and More Energy-Efficient Road Transport Vehicles S.L. 601.06.

Regulations, hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following new regulation

the principal

regulations.

2. In these regulations, unless the context

otherwise requires

"clean vehicle" means

(a) a vehicle of category M1, M2 or N1

with a maximum tail-pipe emission expressed in

CO 2 g/km and real driving pollutant emissions

below a percentage of the applicable emission

limits as laid down in Table 2 of the Schedule; or

(b) a vehicle of category M3, N2 or N3

using alternative fuels as defined in regulation

2(1) of the Alternative Fuels Order, excluding

fuels produced from high indirect land-use

change-rise feed stock for which a significant

expansion of the production area into land with

high-carbon stock is observed in accordance

S.L. 545. 35.

regulation 28 of the Promotion of Energy from

Renewable Sources Regulations. In the case of

vehicles using liquid biofuels, synthetic and

paraffinic fuels, those fuels shall not be blended

with convention fossil fuels;

"contracting authorities" shall have the same

meaning as assigned to it in regulation 2 of the Public

Procurement Regulations and regulation 2(1) of the

Public Procurement of Entities Operating in the Water,

Energy, Transport and Postal Services Sectors

Regulations;

"contracting entities" shall have the same meaning

as assigned to it in regulation 2(2) of the Public

Procurement of Entities operating in the Water, Energy,

Transport and Postal Services Sectors Regulations;

"road transport vehicle" means a vehicle in the

vehicle categories listed in Table 3 of the Schedule;

"zero-emission heavy duty vehicle" means a clean

vehicle as defined in point (b) without an internal

combustion engine, or with an internal combustion

engine that emits less than 1g CO 2 /kWh as measured in

accordance with Regulation (EC) No 595/2009 of the

European Parliament and of the Council and its

implementing measures, or that emits less than 1g CO 2 /

km as measures in accordance with Regulation (EC) No

715/2007 of the European Parliament and of the

Council and its implementing measures.".

Regulation 3 of the principal regulations shall be

substituted by the following new regulation

"3. (1) These regulations transpose Directive

(EU) 2019/1161 of the European Parliament and of the

Council of 20 June 2019 amending Directive 2009/33/

EC on the promotion of clean and energy-efficient road

transport vehicles.

(2) These regulations aim to ensure that

contracting authorities and contracting entities take into

account lifetime energy and environmental impacts,

including energy consumption and emissions of CO 2

and of certain pollutants, when procuring certain road

transport vehicles with the objectives of promoting and

stimulating the market for clean and energy-efficient

vehicles and of improving the contribution of the

transport sector to the environment, climate and energy

policies of the European Union.

(3) These regulations do not apply to the

vehicles referred to in point (d) of Article 2(2) and in

points (a) and (b) of Article 2(3) of Regulation (EU)

2018/858 of the European Parliament and of the

Council of 30 May 2018 on the approval and market

surveillance of motor vehicles and their trailers, and of

systems, components and separate technical units

intended for such vehicles, amending Regulations (EC)

No 715/2007 and (EC) No 595/2009 and repealing

Directive 2007/46/EC.".

Regulation 4 of the principal regulations shall be Substitutes

regulation 4 of

substituted by the following new regulation

the principal

regulation.

4. These

regulations

shall

apply

to

procurement through

(a) contacts for the purchase, lease, rent or

hire-purchase of road transport vehicles awarded

by contracting authorities or contracting entities

in so far as they are under an obligation to apply

the procurement procedures set out in Public

Finance Management Act;

(b) public service contracts within the

meaning of Regulation (EC) No 1370/2007 of the

European Parliament and of the Council of 23

October 2007 on public passenger transport

services by rail and by road and repealing Council

Regulations (EEC) Nos 1191/69 and 1107/70;

(c) service contracts set out in Table 1 of

the Schedule in so far as the contracting

authorities or contacting entities are under an

obligation to apply the procurement procedures

set out in the Public Finance Management Act.

These regulations shall only apply to such

contracts for which the call for competition has

been sent after 2nd August 2021 or, in cases

where a call for competition is not foreseen,

where the contracting authority or contracting

entity has commenced the procurement procedure

after that date.".

Regulation 5 of the principal regulations shall be

substituted by the following new regulation

"5.

These regulations shall not apply to

(a) vehicles referred to in points (a), (b)

and (c) of Article 2(2) and in point (c) of Article

2(3) of Regulation (EU) 2018/858;

(b) vehicles of category M3 other than

Class I and Class A vehicles as defined in points

(2) and (3) of Article 3 of Regulation (EC) No

661/2009 of the European Parliament and of the

Council of 13 July 2009 concerning type-

approval requirements for the general safety of

motor vehicles, their trailers and systems,

component and separate technical units intended

therefor.".

Immediately after regulation 5 of the principal regulations

there shall be added the following new regulation

6. (1) The procurement of vehicles and

services referred to in regulation 4 complies with the

minimum procurement targets for clean light-duty

vehicles set out in Table 3 of the Schedule and for clean

heavy-duty vehicles set out in Table 4 of the Schedule.

Those targets are expressed as minimum percentages of

clean vehicles in the total number of road transport

vehicles covered by the aggregate of all contracts

referred to in regulation 4, awarded between 2nd

August 2021 and 31st December 2025, for the first

reference period, and between 1st January 2026 and

31st December 2030, for the second reference period.

(2) For the purpose of calculating the minimum

procurement targets, the date of the public

procurement to be taken into account is the date of

completion of the public procurement procedure, by

way of awarding of the contract.

(3) Vehicles that meet the definition of clean

vehicle or of zero-emission heavy-duty vehicle under

regulation 2 as a result of retrofitting may be counted as

clean vehicles or zero-emission heavy-duty vehicles,

respectively, for the purpose of compliance with the

minimum procurement targets.

(4) In the case of contracts referred to in

paragraph (a) of regulation 4, the number of road

transport vehicles purchased, leased, rented or hire-

purchased under each contract shall be taken into

account for the purpose of assessing compliance with

the minimum procurement targets.

(5) In the case of contracts referred to in

paragraphs (b) and (c) of regulation 4, the number of

road transport vehicles to be used for the provision of

the services covered by each contract shall be taken into

account of the purpose of assessing compliance with the

minimum procurement targets.

(6) Where new targets for the period after 1st

January 2030 are not adopted, the targets set for the

second reference period shall continue to apply, and

shall be calculated in accordance with sub-regulations

(1) to (5), over subsequent five (5) year periods.".

The Schedule to the principal regulations shall be Substitutes the

Schedule to the

substituted by the following new Schedule

principal

regulations.

"SCHEDULE

Regulation 4

Information for the implementation of minimum procurement

targets for clean road transport vehicles in support of low-emission

mobility in Malta

Table 1: Common Procurement Vocabulary (CPV) codes for

services referred to in regulation (4)(3)

Description

Public road transport services

Special-purpose road passenger-transport services

Non-scheduled passenger transport

Refuse collection services

Mail transport by road

Parcel transport services

Mail delivery services

64121200-2

Parcel delivery services

Table 2: Emission thresholds for clean light-duty vehicles *

Vehicle categories

Until 31 December 2025

From 1 January 2026

CO 2 g/km

RDE air pollutant

CO 2

RDE air

pollutant

g/km

emissions as a

emissions as

percentage of

a percentage

emission limits

of emission

limits

80%

n.a.

80%

n.a.

80%

n.a.

Table 3: Minimum procurement targets for the share of clean

light-duty vehicles in accordance with Table 2 in the total number of

light-duty vehicles by contracts referred to in regulation 4

From 2nd August 2021 to 31st

From 1st January 2026 to 31st December

December 2025

38.5%

38.5%

Table 4: Minimum procurement targets for the share of clean

heavy-duty vehicles in the total number of heavy-duty vehicles

covered by contracts referred to in regulation 4 ( ** )

Trucks (vehicle category N 2 and N 3)

Buses (vehicle category M 3)

* Declared maximum real-driving emission (RDE) values of particles number (PN) in

#/km and nitrogen oxides (NOx) in mg/km as reported in point 48.2 of the certifi-

cate of conformity, as described in Annex IX to Directive 2007/46/EC of the Euro-

pean Parliament and of the Council (*) for both complete and urban RDE trips.

* The applicable emission limits laid down in Annex I to Regulation (EC) No 715/2007,

or its successors.

From 2nd

From 1st

From 2nd August

From 1st January

August 2021 to

January 2026 to

2021 to 31st

2026 to 31st

31st December

31st December

December 2025

December 2030

Malta

10%

15%

45%

** Half of the minimum target for the share of clean buses has to be fulfilled by procuring

zero-emission buses as defined in point 5 of Article 4. This requirement is lowered to one

quarter of the minimum target for the first reference period if more than 80 % of the buses

covered by the aggregate of all contracts referred to in Article 3, awarded during that period

in a Member State, are double-decker buses.

€0.72