On May 15th 2009, the OJEU has publisehd Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles. This Directive aims to stimulate the market for clean and energy-efficient road transport vehicles,  and to influence the market for standardised vehicles produced in larger quantities such as passenger cars, buses, coaches and trucks, by ensuring a level of demand for clean and energy-efficient road transport vehicles which is sufficiently substantial to encourage manufacturers and the industry to invest in and further develop vehicles with low energy consumption, CO 2 emissions, and pollutant emissions.

The Commission Green Paper on Urban Transport of September 25th 2007 entitled ‘Towards a new culture for urban mobility’ notes the support of stakeholders for promoting the market introduction of clean and energy-efficient vehicles through green public procurement. Within this scope, Directive 2009/33/EC proposes that a possible approach could be based on the internalisation of external costs by using lifetime costs for energy consumption, CO 2 emissions, and pollutant emissions linked to the operation of the vehicles to be procured as award criteria, in addition to the vehicle price. The role of public transport in achieving sustainable mobility has always been at the core of EU Transport policy, as it has been pointed out in several meetings by all stakeholders, including transport operators and manufacturers.

This Directive therefore requires contracting authorities, contracting entities as well as certain operators to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO 2 and of certain pollutants, when purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energyefficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Community.

Directive 2009/33/EC Scope

This Directive will apply to contracts for the purchase of road transport vehicles by:

• Contracting authorities or contracting entities in so far as they are under an obligation to apply the procurement procedures set out in Directives 2004/17/EC and 2004/18/EC.
• Operators for the discharge of public service obligations under a public service contract 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 in excess of a threshold which shall be defined by Member States not exceeding the threshold values as set out in Directives 2004/17/EC and 2004/18/EC.

Member States should inform national, regional or local contracting authorities and contracting entities and operators which provide public passenger transport services of the provisions relating to the purchase of clean and energy-efficient road transport vehicles.

Member States will bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by December 4th 2010, and will forthwith inform the Commission thereof. Directive 2009/33/EC will enter into force on the 20th day following its publication in the Official Journal of the European Union.

Public procurement, a key element to promote sustainable mobility and clean car industry

Public Procurement of vehicles for public transport services can make a significant impact on the market if harmonised criteria are applied at Community level.

The biggest impact on the market, together with the best cost/benefit result, is obtained through mandatory inclusion of lifetime costs for energy consumption, CO 2 emissions, and pollutant emissions as award criteria in the procurement of vehicles for public transport services.

In line with the scope of Directive 2004/17/EC and Directive 2004/18/EC and whilst fully respecting the implementation in national law of those directives, this Directive should cover road transport vehicles purchased by contracting authorities and contracting entities, irrespective of whether such authorities and entities are public or private. Furthermore, this Directive should cover the purchase of road transport vehicles used for performing public passenger transport services under a public service contract, leaving to Member States the freedom to exclude minor purchases with a view to avoiding an unnecessary administrativ burden.

Mandatory application of criteria for the procurement of clean and energy-efficient vehicles does not preclude the inclusion of other relevant award criteria.