Texts transposed Directive 2009/33/EC of the European Parliament and of the Council on the promotion of road transport vehicles clean and efficient energy summary Transposition full of directive 2009/33/EC of the European Parliament and of the Council on the promotion of road transport vehicles clean and efficient energy.
Keywords ecology, land transportation, vehicle has engine, power consumption, impact energy and environmental, control public, TRANSPORT of travellers, PUBLIC SERVICE, transportation vehicle, buyer, purchase, power contracting, contracting entity, market, framework agreement, European DIRECTIVE, TRANSPOSITION COMPLETE JORF n ° 0105 may 6, 2011 page 7751 text no. 16 Decree No. 2011-493 5 May 2011 on taking account of energy and environmental impacts of motor vehicles in the procedures of public order NOR : DEVD1028966D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/5/5/DEVD1028966D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/5/5/2011-493/jo/texte interested Publics: contracting authorities within the State or territorial and recipient of a devolution of passenger transport public service communities.
Subject: purchase of vehicles by public purchasers and operators of a public transport service.
Entry into force: June 1, 2011.
Notice: the Decree relates to the obligation of taking account of energy and environmental criteria in public procurement of transport vehicles. The Decree, on the one hand, modifies the code of public contracts, on the other hand, specifies the scope and modalities of application of article 12 of Act No. 2011-12 of January 5, 2011: the buyer has the choice between the fixing of technical specifications, whose level of requirement is left to his discretion, and the use of criteria related to the energy and environmental impact of the vehicle over its life. In the second option, these impacts can be translated into monetary value.
References: the text of this Decree may be Consul on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of ecology, sustainable development, transport and housing, having regard to directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of energy clean and efficient road transport vehicles;
Having regard to the code of public contracts;
Having regard to the code of the road;
Pursuant to law n ° 2011 - 12 of January 5, 2011 containing various provisions of adaptation of legislation to the right of the European Union, particularly article 12 thereof;
Having regard to Ordinance No. 2005-649 of 6 June 2005 amended relating to contracts awarded by certain public or private non persons subject to the code of public contracts, including article 37-1;
Mindful of Decree No. 2005-1308, October 20, 2005 as amended relating to contracts awarded by contracting entities referred to in article 4 of Ordinance No. 2005-649 of 6 June 2005 on contracts awarded by certain public or private non persons subject to the code of public contracts;
Mindful of Decree No. 2005-1742 of 30 December 2005 amended laying down the rules applicable to contracts awarded by the contracting authorities referred to in article 3 of Ordinance No. 2005-649 of 6 June 2005 on contracts awarded by certain public or private non persons subject to the code of public contracts;
Having regard to the opinion of the advisory commission of evaluation standards dated December 2, 2010;
The Council of State (administration section) heard, decrees: chapter I:: provisions relating to the purchases of vehicles A motor by the people charged of management and of the operation of a SERVICE PUBLIC DE TRANSPORT of people Article 1 in more on this article...

The person on which, by contract or by unilateral action, have entrusted the management and the operation of public passenger transport service is required to comply with the obligation laid down in the first paragraph of article 12 of the above-mentioned when on January 5, 2011 Act I management and exploitation, over their lifetime products are equal to or greater than the threshold from which the authority responsible for transport must use the procedures filed for its own procurement of supplies.
The obligation is applicable to the purchase of motor vehicles of categories M and N as defined in article R. 311 - 1 of the code of the road, with the exception: 1 ° of vehicles designed and constructed for use principally on construction sites, in quarries or port or airport facilities;
(2) vehicles designed and constructed for use by the armed forces, civil defence, fire services and the services responsible for the maintenance of order;
3 ° of mobile machines.


Article 2 more on this article...

I. ― can be fulfilled with the obligation referred to in article 1 by the fixing of technical specifications relating to the energy and environmental performance of the vehicle.
II. ― it can also be met the same obligation through the use of criteria related to the energy and environmental impact of the vehicle over its life. In this case, these impacts can be translated into monetary value for the purpose of their inclusion in the purchasing decision.
A joint ecology and economy ministers order determines the energy and environmental impacts related to the use of the motor vehicle should be taken into account, with including energy consumption, CO2 emissions and those of particles, compounds of nitrogen and oxygen (NOx) and non-methane hydrocarbon compounds (NMHC), as well as the methodology to be applied if there are plans to translate these impacts in monetary value.

Chapter II: Provisions relating to the procurement of vehicles motor A by the powers contracting and entities contracting section 3 in more on this article...

It is inserted after section 6 of chapter III of title III of the Decree of 20 October 2005 referred to above, a section 7 as follows: "Section 7" contracts and framework agreements concerning the purchase of vehicles motor «Art»» 41 - 3.-I. ― the procuring entity, when it purchases a motor vehicle in categories M and N as defined in article R. 311 - 1 of code of the road and that the value of the contract or framework agreement is equal to or greater than the threshold from which she must use the procedures filed for its procurement of supplies, conforms to the requirement in section 37-1 of the order of 6 June 2005 above.
"Are exempt from this requirement purchases:" 1 ° of vehicles designed and constructed for use principally on construction sites, in quarries or port or airport facilities;
2 ° of vehicles designed and constructed for use by the armed forces, civil defence, fire services and the services responsible for the maintenance of order;
«3 ° of mobile machines.
"If the purchase of the motor vehicle is made for the execution of a public service of transport of persons which the procuring entity was entrusted with the management and operation, the obligation referred to in the first subparagraph applies, regardless of the value estimated of the contract or the framework agreement, since products management and exploitation, over their lifetime, are of an amount equal to or greater than the threshold from which the authority responsible for transport must use procedures formalized for the. Contracting its own supplies.
"II. ― it can be satisfied the obligation referred to in the first paragraph of the I by setting technical specifications relating to the energy and environmental performance of the vehicle. These specifications are subject to provisions of 1 ° or 2 ° of article 2 I.
'III. ― it can also be fulfilled the same obligation by the inclusion of the energy and environmental impact of the vehicle, on its entire life, in the award criteria laid down in article II 29.' The impacts to be taken into account are defined according to the rules laid down in IV below.
"If the procuring entity chooses to translate these impacts in monetary value, their quantification must follow the methodology established pursuant to IV below. The resulting monetary value is not taken into account for the assessment of the amount of the contract within the meaning of the provisions of article 7.
"IV. — a joint ecology and economy ministers order determines the energy and environmental impacts related to the use of the motor vehicle should be taken into account, with including energy consumption, CO2 emissions and those of particles, compounds of nitrogen and oxygen (NOx) and non-methane hydrocarbon compounds (NMHC), as well as the methodology to be applied if there are plans to translate these impacts in monetary value. ''


Article 4 more on this article...

It is inserted after section 6 of chapter III of title III of the Decree of December 30, 2005 referred to above, a section 7 as follows: "Section 7 «Contracts and framework agreements concerning the purchase of motor vehicles»

«Art.» 41 - 3.-I. ― the contracting authority, when he bought a motor vehicle in categories M and N as defined in article R. 311 - 1 of code of the road and that the value of the contract or framework agreement is equal to or greater than the threshold from which it must use the procedures filed for its procurement of supplies, conforms to the requirement in section 37-1 of the order of 6 June 2005 above.
"Are exempt from this requirement purchases:" 1 ° of vehicles designed and constructed for use principally on construction sites, in quarries or port or airport facilities;
2 ° of vehicles designed and constructed for use by the armed forces, civil defence, fire services and the services responsible for the maintenance of order;
«3 ° of mobile machines.
"II. ― it can be satisfied the obligation referred to in the first paragraph of the I by setting technical specifications relating to the energy and environmental performance of the vehicle. These specifications are subject to provisions of 1 ° or 2 ° of article 2 I.
'III. — it may also be the same obligation met by the inclusion of the energy and environmental impact of the vehicle, on its entire life, in the criteria provided for in article III 24' The impacts to be taken into account are defined according to the rules laid down in IV below.
"If the Contracting Authority chooses to translate these impacts in monetary value, their quantification must comply with the methodology established pursuant to IV below. The resulting monetary value is not taken into account for the assessment of the amount of the contract within the meaning of the provisions of article 7.
"IV. — a joint ecology and economy ministers order determines the energy and environmental impacts related to the use of the motor vehicle should be taken into account, with including energy consumption, CO2 emissions and those of particles, compounds of nitrogen and oxygen (NOx) and non-methane hydrocarbon compounds (NMHC), as well as the methodology to be applied if there are plans to translate these impacts in monetary value. ''


Article 5 read more on this article...

I. ― after section 5 of chapter V of title III of part I of the code of public contracts, it is inserted a section 6 as follows: "Section 6" contracts and framework agreements concerning the purchase of vehicles motor «Art»» 75 - 1.-I. ― the contracting authority, when he purchased a vehicle with engine categories M and N as defined in article R. 311 - 1 of the code of the road and that the value of the contract or framework agreement is equal to or greater than the threshold from which it must use the procedures filed for its procurement of supplies, takes into account environmental and energy impact of this vehicle over its life.
"Are exempt from this requirement purchases:" 1 ° of vehicles designed and constructed for use principally on construction sites, in quarries or port or airport facilities;
2 ° of vehicles designed and constructed for use by the armed forces, civil defence, fire services and the services responsible for the maintenance of order;
«3 ° of mobile machines.
"If the purchase of the motor vehicle is made for the execution of a public service of transport of persons whom the contracting authority was entrusted with the management and operation, the obligation referred to in the first subparagraph applies, regardless of the value estimated of the contract or the framework agreement, since the management products and the operation, over their lifetime, are an amount equal to or greater than the threshold from which the authority responsible for transport must use procedures formalized for the. Contracting its own supplies.
"II. ― it can be satisfied the obligation set out in paragraph 1 of the I by setting technical specifications relating to the energy and environmental performance of the vehicle. These specifications are subject to provisions of 1 ° or 2 ° of article 6 I.
'III. — it may also be the same obligation met by the inclusion of the energy and environmental impact of the vehicle, on its entire life, in the award criteria laid down in article I 53' The impacts to be taken into account are defined according to the rules laid down in IV below.
"If the Contracting Authority chooses to translate these impacts in monetary value, their quantification must comply with the methodology established pursuant to IV below. The monetary value thus obtained is not taken into account for the assessment of the amount of the contract within the meaning of the provisions of articles 26 and 27.
"IV. — a joint ecology and economy ministers order determines the energy and environmental impacts related to the use of the motor vehicle should be taken into account, with including energy consumption, CO2 emissions and those of particles, compounds of nitrogen and oxygen (NOx) and non-methane hydrocarbon compounds (NMHC), as well as the methodology to be applied if there are plans to translate these impacts in monetary value. ''

Chapter III: Provisions Article 6 in the finals read more of this article...

I. ― this order comes into force the first day of the month following its publication in the Official Journal of the French Republic.
II. — when the person to whom was entrusted the management and operation of the service is a contracting authority or a contracting entity, chapter I shall apply to the contracts and framework agreements for which a consultation is engaged or a public invitation to tender notice is sent to the publication as of the day after the date of entry into force of this Decree.
III. — Chapter II applies to contracts and framework agreements for which a consultation is engaged or a public invitation to tender notice is sent to the publication as of the day after the date of entry into force of this Decree.


Article 7 read more on this article...

The Minister of ecology, sustainable development, transport and housing and the Minister of economy, finance and industry are responsible, each in relation to the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Made on May 5, 2011.
François Fillon Prime Minister: the Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet Christine Lagarde, Minister of economy, finance and industry