Public Procurement Citation, commencement and extent 1 1 These Regulations may be cited as the Cleaner Road Transport Vehicles (Scotland) Regulations 2010 and come into force on 4th December 2010. 2 These Regulations extend to Scotland only. Interpretation 2 In these Regulations— “ contracting authority ” means a contracting authority as defined in regulation 2(1) of the Public Contracts (Scotland) Regulations 2015 ; “ contracting entity ” means a utility as defined in regulation 4 of the Utilities Contracts (Scotland) Regulations 2016 ; “ Directive 2009/33/EC ” means Directive 2009/33/EC of the European Parliament and of the Council on the promotion of clean and energy-efficient road transport vehicles ; “ operator ” means an operator for the discharge of public service obligations under a public service contract within the meaning of regulation 2 of the Public Service Obligations in Transport Regulations 2023 , the value of which is not less than the threshold, applicable to that contract, as defined in regulation 5 of the Public Contracts (Scotland) Regulations 2015 or regulation 15 of the Utilities Contracts (Scotland) Regulations 2016 ; “ road transport vehicle ” means a vehicle in the vehicle categories listed in Table 3 of the Annex to Directive 2009/33/EC . Scope of these Regulations 3 1 Subject to paragraph (2), these Regulations apply to contracts for the purchase of road transport vehicles by contracting authorities, contracting entities or operators. 2 These Regulations do not apply to contracts for the purchase of road transport vehicles that are set out in 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 , as amended from time to time, provided those vehicles are not subject to type approval or individual approval. Purchase of clean and energy-efficient road transport vehicles 4 1 Any contracting authority, contracting entity or operator when purchasing road transport vehicles must take into account the operational lifetime energy and environmental impacts referred to in paragraph (2) in respect of the vehicle to be purchased. 2 The operational lifetime energy and environmental impacts include— a energy consumption; b emissions of— i carbon dioxide; ii oxides of nitrogen; iii non-methane hydrocarbons; and iv particulate matter. 3 The contracting authority, contracting entity or operator may also take into account other relevant environmental impacts. 4 The contracting authority, contracting entity or operator must satisfy the requirements of paragraph (1) by applying one of the options set out in paragraph (5). 5 The options are— a setting technical specifications for energy and environmental performance in the documentation for the purchase of road transport vehicles for the impacts listed in paragraph (2), together with any additional environmental impacts being considered by virtue of paragraph (3); b including energy and environmental impacts in the purchase decision by— i including these impacts as award criteria where a procurement procedure is applied; or ii applying the methodology prescribed in regulation 5 to convert these impacts into monetary values for inclusion in the purchase decision. Methodology for the calculation of operational lifetime costs 5 For the purpose of regulation 4(5)(b)(ii), the operational lifetime costs for the matters identified in regulation 4(2) are to be monetised and calculated by using the methodology set out in Article 6 to Directive 2009/33/EC . Enforcement of duties 6 1 For the purposes of ensuring compliance with the requirements of these Regulations— a Chapter 6 of Part 3 of the Public Contracts (Scotland) Regulations 2015 has effect— i in relation to a contracting authority and an operator as it has effect in relation to a contracting authority for the purposes of ensuring compliance with the requirements of those Regulations; and ii as if any reference in that Part to an economic operator included a reference to an operator; and b Chapter 2 of Part 5 of the Utilities Contracts (Scotland) Regulations 2016 has effect— i in relation to a contracting entity and an operator as it has effect in relation to a utility for the purposes of ensuring compliance with the requirements of those Regulations; and ii as if any reference in that Part to an economic operator included a reference to an operator. STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh