Article 1 Subject matter and objectives
This Directive 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 energy-efficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Community.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 1 Subject matter and objectives):
This Directive 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 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 Union.
Article 2 Exemptions
Member States may exempt from the requirements laid down in this Directive contracts for the purchase of vehicles referred to in Article 2(3) of Directive 2007/46/EC, which are not subject to type approval or individual approval on their territory.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 2 Exemptions):
Member States may exempt from the requirements laid down in this Directive 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 ( 1 ) and in points 5.2. to 5.5. and point 5.7. of Part A of Annex I to that Regulation.
Article 3 Scope
This Directive shall apply to contracts for the purchase of road transport vehicles by: (a) 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; (b) 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 ( 17 ) 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.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 3 Scope):
This Directive shall only apply to such contracts for which the call for competition has been sent after 2 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.
Article 4 Definitions
For the purpose of this Directive: 1. ‘contracting authorities’ means contracting authorities as defined in Article 2(1)(a) of Directive 2004/17/EC and in Article 1(9) of Directive 2004/18/EC; 2. ‘contracting entities’ means contracting entities as referred to in Article 2(2) of Directive 2004/17/EC; 3. ‘road transport vehicle’ means a vehicle covered by the vehicle categories listed in Table 3 of the Annex.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 4 Definitions):
For the purpose of this Directive: (1) ‘contracting authorities’ means contracting authorities as defined in point 1 of Article 2(1) of Directive 2014/24/EU and in Article 3 of Directive 2014/25/EU; (2) ‘contracting entities’ means contracting entities as defined in Article 4 of Directive 2014/25/EU; (5) ‘zero-emission heavy duty vehicle’ means a clean vehicle as defined in point 4(b) of this Article without an internal combustion engine, or with an internal combustion engine that emits less than 1 g CO 2 /kWh as measured in accordance with Regulation (EC) No 595/2009 of the European Parliament and of the Council ( 8 ) and its implementing measures, or that emits less than 1 g CO 2 /km as measured in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council ( 9 ) and its implementing measures.
Article 5 Purchase 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 CO 2 ; and (c) emissions of NO x , 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: — 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.
Article 6 Methodology for the calculation of operational lifetime costs
1. For the purposes of Article 5(3)(b), second indent, operational lifetime costs for energy consumption, as well as for CO 2 emissions and pollutant emissions as set out in Table 2 of the Annex, which are linked to the operation of the vehicles under purchase, shall be monetised and calculated using the methodology set out in the following points: (a) The operational lifetime cost of the energy consumption of a vehicle shall be calculated using the following methodology: — the fuel consumption per kilometre of a vehicle according to paragraph 2 shall be counted in units of energy consumption per kilometre whether this is given directly, which is the case for instance for electrical cars, or not. Where the fuel consumption is given in different units, it shall be converted into energy consumption per kilometre, using the conversion factors as set out in Table 1 of the Annex for the energy content of the different fuels, — a single monetary value per unit of energy shall be used. This single value shall be the lower of the cost per unit of energy of petrol or diesel before tax when used as a transport fuel, — operational lifetime cost of the energy consumption of a vehicle shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the energy consumption per kilometre according to the first indent of this point, and by the cost per unit of energy according to the second indent of this point. (b) The operational lifetime cost for the CO 2 emissions of a vehicle shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the CO 2 emissions in kilograms per kilometre according to paragraph 2, and by the cost per kilogram taken from the range as set out in Table 2 of the Annex. (c) The operational lifetime cost for the pollutant emissions, as listed in Table 2 of the Annex, of a vehicle shall be calculated by adding up the operational lifetime costs for emissions of NO x , NMHC and particulate matter. The operational lifetime cost for each pollutant shall be calculated by multiplying the lifetime mileage, where needed, taking into account the mileage already performed, according to paragraph 3, by the emissions in grams per kilometre according to paragraph 2, and by the respective cost per gram. The cost shall be taken from the Community-averaged values set out in Table 2 of the Annex. Contracting authorities, contracting entities and operators referred to in Article 3 may apply higher costs provided these costs do not exceed the relevant values set out in Table 2 of the Annex multiplied by a factor of 2. 2. Fuel consumption, as well as CO 2 emissions and pollutant emissions as set out in Table 2 of the Annex per kilometre for vehicle operation, shall be based on standardised Community test procedures for the vehicles for which such test procedures are defined in Community type approval legislation. For vehicles not covered by standardised Community test procedures, comparability between different offers shall be ensured by using widely recognised test procedures, or the results of tests for the authority, or information supplied by the manufacturer. 3. Lifetime mileage of a vehicle, if not otherwise specified, shall be taken from Table 3 of the Annex.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects.
Article 7 Adaptations to technical progress
The Commission shall adapt to inflation and to technical progress the data for the calculation of the operational lifetime costs of road transport vehicles as set out in the Annex. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).
Article 8 Best practice exchange
The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States on practices for promoting the purchase of clean and energy-efficient road transport vehicles by contracting authorities, contracting entities and operators referred to in Article 3.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 8 Exchange of knowledge and best practices):
The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States on practices for promoting procurement of clean and energy-efficient road transport vehicles by contracting authorities and contracting entities.
Article 9 Committee procedure
1. The Commission shall be assisted by a Committee. 2. Where reference is made to this paragraph, Articles 5a(1) to (4) and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 9 Committee procedure):
1. The Commission shall be assisted by the committee established by Article 9 of Directive 2014/94/EU. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 10 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.
Article 10 Reporting and review
1. Every two years, with effect from 4 December 2010, the Commission shall prepare a report on the application of this Directive and on the actions taken by individual Member States to promote the purchase of clean and energy-efficient road transport vehicles. 2. Those reports shall assess the effects of this Directive, especially of the options referred to in Article 5(3), and the need for further action, and include proposals, as appropriate. In those reports, the Commission shall compare the nominal and relative numbers of vehicles purchased corresponding to the best market alternative in terms of lifetime energy and environmental impacts, within each of the categories of vehicles listed in Table 3 of the Annex, to the overall market for these vehicles and estimate how the options referred to in Article 5(3) have affected the market. The Commission shall assess the need for further action and include proposals, as appropriate. 3. No later than the date of the first report, the Commission shall examine the options referred to in Article 5(3), present an evaluation of the methodology set out in Article 6 and propose appropriate adjustments, if necessary.
Amendment rationale: CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal The EU is committed to creating a sustainable, competitive, secure and decarbonised energy system. Achieving a sustainable transport is a key objective of the common transport policy . It also figures prominently in the Commission’s political priorities for 2015-2019, and most notably within the Energy Union 1 , and Jobs, Growth and Investment. The 2017 State of the Union address outlines a new industry policy strategy committed to making the EU a world leader in decarbonisation 2 . These political priorities are underpinned by the Commission's European Str ategy for Low-Emission Mobility, adopted in July 2016 3 . It confirms that in order to meet the EU's commitments at the 21 st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015 the decarbonisat ion of the transport sector must be accelerated and greenhouse gas emissions and pollutant emissions should also be firmly on the path towards zero-emission by mid-century. The Commission's ‘Europe on the Move: an agenda for a socially fair transition towa rds clean, competitive and connected mobility for all’ 4 communication notes that increased production and uptake of clean vehicles, alternative fuel infrastructure and modern system services making use of the data economy in the EU offers multiple benefits : European citizens will benefit from safe, attractive, intelligent, seamless and increasingly automated transport solutions, which will provide industries with new sources of growth and competitiveness . Around 95% of vehicles on Europe's roads still use fossil fuels. The European Strategy for Low-Emission Mobility makes clear that the deployment of low- and zero-emission vehicles will need to increase substantially in the future in order to meet the EU's emission reduction commitments. The strategy indic ates the relevance of public procurement in this context. It notes that "to support demand the Commission is working […] on incentives in public procurement rules, in the context of the revision of the Clean Vehicles Directive." 5 As was announced in the Co mmission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 6 this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers". It includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system 7 . Directive 2009/33/EC on the promotion of clean, energy-efficient road vehic les, known as the Clean Vehicles Directive (or the Directive) complements the EU’s horizontal public procurement legislation 8 . By making it mandatory to account for operational lifetime energy and environmental impact in the public procurement of road tran sport vehicles, it seeks to stimulate the market for clean, energy-efficient vehicles, contribute to reducing CO 2 and air pollutant emissions, and increase energy efficiency. An ex-post evaluation carried out in 2015 showed that the Directive has serious shortcomings. Public bodies are on average not using public procurement well enough to help accelerate the market uptake of clean vehicles. 9 It identified shortcomings in the Directive’s design, including an insufficient scope and lack of a definit ion. Provisions for vehicle purchase are either vague (technical specifications) or overly complex (monetisation of external effects). The general objective of this initiative is to increase the market uptake of clean, i.e. low- and zero-emission vehicles, in public procurement and hence to contribute to reducing overall transport emissions, and to competitiveness and growth in the transport sector. Public procurement remains relevant as a demand-side stimulus, including in the field of heavy-duty transport vehicles where no legislative requirement for reducing CO 2 emissions exists yet, though such legislation is under preparation. It helps further support market momentum in cars and van markets in Member States with a very low uptake of clean vehicles – in 2017, in 16 Member States the proportion of battery-electric vehicles in new car registrations was less than 1%, and in 10 Member States it was less than 0.5%. And it stimulates the uptake of clean vehicles in the heavy-duty market segment. The revision ensures that the Directive covers all relevant procurement practices, that it provides clear, long-term market signals, and that provisions are simplified and effective. It aims to increase the transport sector’s contribution to the reduction of CO 2 and air pollutant emissions and to competitiveness and growth. It also supports better alignment, and hence greater market impact of, public procurement policies in Member States. The revision widens the Directive’s scope. It sets a definition for clean light-duty vehicles based on a combined CO 2 and air pollutant emissions threshold. It also makes it possible to adopt a delegated act under this Directive to adapt the same approach for heavy-duty vehicles after CO 2 emission standards for such vehicles have been adopted at EU level in the future. It sets minimum procurement targets at Member State level following the definition and in case of heavy-duty vehicles based on alternative fuels until the adoption of the delegated act. Finally, it introduces a reporting and monitoring framework and discards the methodology for monetisation of external effects. 
Revised version (Article 10 Reporting and review):
1. By 2 August 2022 Member States shall inform the Commission of the measures taken to implement this Directive and of the Member States' intentions regarding future implementation activities, including the timing and possible effort-sharing between different levels of governance, as well as on any other information which the Member State considers relevant. 2. By 18 April 2026, and every three years thereafter, Member States shall submit to the Commission a report on the implementation of this Directive. Those reports shall accompany the reports provided for in the second subparagraph of Article 83(3) of Directive 2014/24/EU and the second subparagraph of Article 99(3) of Directive 2014/25/EU, and they shall contain information on the measures taken to implement this Directive, on future implementation activities, as well as any other information which the Member State considers relevant. Those reports shall also include the number and the categories of vehicles covered by the contracts referred to in Article 3(1) of this Directive, based on the data provided by the Commission in accordance with paragraph 3 of this Article. The information shall be presented on the basis of the categories set out in Regulation (EC) No 2195/2002 of the European Parliament and of the Council ( 11 ). 3. In order to assist the Member States in their reporting obligations, the Commission shall collate and publish the number and the categories of vehicles covered by the contracts referred to in points (a) and (c) of Article 3(1) of this Directive by extracting the relevant data from contract award notices published on the Tenders Electronic Daily (TED) database in accordance with Directives 2014/24/EU and 2014/25/EU. 4. By 18 April 2027, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive, specifying the measures taken by Member States in this regard, following the reports referred to in paragraph 2. 5. 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. 6. The Commission shall adopt implementing acts in accordance with Article 9(2) setting out the format of the reports referred to in paragraph 2 of this Article and their transmission arrangements.
Article 11 Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 4 December 2010. They shall forthwith inform the Commission thereof. When Member States adopt these measures, they shall contain a reference to this Directive, or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. 2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 12 Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union .
Article 13 Addressees
This Directive is addressed to the Member States.