Directive 2009/33/EC of the European Parliament and of the CouncilShow full title

Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance)

Article 5Purchase of clean and energy-efficient road transport vehicles

1.Member States shall ensure that, from 4 December 2010, all contracting authorities, contracting entities and operators referred to in Article 3, when purchasing road transport vehicles, take into account the operational lifetime energy and environmental impacts as set out in paragraph 2 and apply at least one of the options set out in paragraph 3.

2.The operational energy and environmental impacts to be taken into account shall include at least the following:

(a)energy consumption;

(b)emissions of CO2; and

(c)emissions of NOx, NMHC and particulate matter.

In addition to the operational energy and environmental impacts mentioned in the first subparagraph, contracting authorities, contracting entities and operators may also consider other environmental impacts.

3.The requirements of paragraphs 1 and 2 shall be fulfilled in accordance with the following options:

(a)by setting technical specifications for energy and environmental performance in the documentation for the purchase of road transport vehicles on each of the impacts considered, as well as any additional environmental impacts; or

(b)by including energy and environmental impacts in the purchasing decision, whereby:

  • (b)in cases where a procurement procedure is applied, this shall be done by using these impacts as award criteria, and

  • in cases where these impacts are monetised for inclusion in the purchasing decision, the methodology set out in Article 6 shall be used.