PURPOSE: to promote the market for zero-emission and low-emission vehicles by encouraging their use in public procurement.
LEGISLATIVE ACT: Directive (EU) 2019/1161 of the European Parliament and of the Council amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles.
CONTENT: this Directive amending Directive 2009/33/EC requires Member States to ensure that contracting authorities and contracting entities take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO2 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 Union.
Extended scope and new definitions
Directive 2009/33/EC as amended shall apply to contracts for the purchase, leasing, rent or hire-purchase of road transport vehicles and to public service contracts for the provision of passenger road transport services above a threshold to be defined by Member States. It shall only apply to contracts for which the call for competition was sent after 2 August, 2021.
The new rules shall also apply to a wider range of services, including public road transport services, specialised road passenger transport services, waste collection services and mail and parcel delivery services.
A new definition of the concept of ‘clean vehicle’ is introduced. The definition of a clean light commercial vehicle is based on CO2 emission standards. The definition of a clean heavy-duty commercial vehicle is based on the use of alternative fuels.
Minimum public procurement targets
The Directive sets minimum public procurement targets for light commercial vehicles, heavy goods vehicles and buses for 2025 and 2030.
These targets would be expressed as minimum percentages of clean vehicles in the total number of road transport vehicles covered by the aggregate of all contracts awarded between the period starting two years after the date of entry into force of the amending Directive and 31 December 2025 for the first reference period, and between 1 January 2026 and 31 December 2030 for the second reference period.
For clean light commercial vehicles, the minimum targets will vary from 17.6% to 38.5% depending on the Member State. For trucks, they shall vary from 6% to 10% (for the first reference period) and from 7% to 15% (for the second reference period). For buses, the targets shall vary from 24% to 45% (for the first reference period) and from 33% to 65% (for the second reference period).
Reports and review
Member States shall submit a report to the Commission on the implementation of these rules every three years, the first report to be submitted by 18 April 2026 at the latest.
By 31 December 2027, the Commission shall review the implementation of this Directive and, where appropriate, submit a legislative proposal for its amendment for the period after 2030, including for the setting of new targets and for the inclusion of other categories of vehicles, such as two- and three-wheeled vehicles.
ENTRY INTO FORCE: from 1.8.2019.
TRANSPOSITION: no later than 2.8.2021.