CLEANER AND MORE ENERGY-EFFICIENT ROAD TRANSPORT VEHICLES REGULATIONS

SUBSIDIARY LEGISLATION 601.06

CLEANER AND MORE ENERGY-EFFICIENT

ROAD TRANSPORT VEHICLES REGULATIONS

4th December, 2010

LEGAL NOTICE 175 of 2011, as amended by Legal Notices 75 of 2022

and 93 of 2026.

The title of these regulations is the Cleaner and More

Energy-Efficient Road Transport Vehicles Regulations.

Substituted by

L.N. 75 of 2022.

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)

CPV Code

Description

60112000-6

Public road transport services

60130000-8

Special-purpose road passenger-transport services

60140000-1

Non-scheduled passenger transport

90511000-2

Refuse collection services

60160000-7

Mail transport by road

60161000-4

Parcel transport services

64121100-1

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 g/km RDE air pollutant

emissions as a

emissions as a

percentage of emission

percentage of

limits

emission limits

80%

n.a.

80%

n.a.

80%

n.a.

Declared maximum real-driving emission (RDE) values of particles number (PN) in #/km and nitro-

gen oxides (NOx) in mg/km as reported in point 48.2 of the certificate of conformity, as described in

Annex IX to Directive 2007/46/EC of the European Parliament and of the Council (*) for both com-

plete and urban RDE trips.

The applicable emission limits laid down in Annex I to Regulation (EC) No 715/2007, or its succes-

sors.

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

From 1st January 2026 to

31st December 2025

31st December 2030

Malta

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)

From 2nd

From 2nd August

From 1st January

From 1st January

August 2021 to

2021 to 31st

2026 to 31st

2026 to 31st

31st December

December 2025

December 2030

December 2030

Malta

10%

15%

45%

65%

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.

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 with

regulation 15

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.

(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.

(1)

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.

(1)

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.

(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.

CLEANER AND MORE ENERGY-EFFICIENT

ROAD TRANSPORT VEHICLES

CLEANER AND MORE ENERGY-EFFICIENT

ROAD TRANSPORT VEHICLES