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Regulation (2014:480) If Government Purchases Of Energy Efficient Products, Services And Buildings

Original Language Title: Förordning (2014:480) om myndigheters inköp av energieffektiva varor, tjänster och byggnader

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Authorities covered by the requirements



section 1 of this Regulation applies to government offices, the courts

and the authorities referred to in §§ 22-32 regulation

(2009:907) on environmental management in government agencies.



With the authority for the purposes of this regulation, an authority

According to the first subparagraph shall apply the regulation.



Thresholds



section 2 of the requirements set out in paragraphs 3 to 7 applies only to purchases of more than

the thresholds laid down in article 7 of the European Parliament

and Council Directive 2004/18/EC of 31 March 2004 on the

coordination of procedures for the award of

works, supplies and services.



The purchase of energy efficient products



§ 3 When an authority buys goods covered by a delegated

Act adopted pursuant to European Parliament and Council

Directive 2010/30/EU of 19 May 2010 on the indication by labelling and

standardized product information, energy-related

of the consumption of energy and other resources or a

related Commission implementing directive, the Agency shall

buy the goods which meet the criteria for the highest

the energy efficiency class.



If the purchase is for a hardware package, which as a whole covered by the

such a delegated Act referred to in the first subparagraph,

authority may require that the overall energy efficiency is to have

precedence over the energy efficiency of individual goods

within the package. The authority will then buy the commodity packages

meets the criterion for the maximum

the energy efficiency class.



4 section When an authority buys goods covered by a

enforcement action pursuant to European Parliament and Council

Directive 2009/125/EC of 21 October 2009 establishing

a framework for the setting of ecodesign requirements for

energy-related products, which have been adopted after 5

December 2012, the authority shall purchase the goods that meet

energy efficiency benchmarks set out in the

the implementing measure.



§ 5 When an authority purchasing office equipment covered by

Council decision 2006/1005/EC of 18 december 2006 on

the conclusion of the agreement between the Government of the United States

and the European Community on the coordination of programs

energy efficiency labelling for Office equipment shall

authority shall purchase the goods that meet

energy efficiency requirements not less demanding than the ones

are listed in Annex C to the agreement attached to the

the decision.



section 6, When an authority buys tires covered by the

European Parliament and Council Regulation (EC) no 1222/2009 of

25 november 2009 on the labelling of tyres with respect to

fuel efficiency and other essential parameters,

the authority buy tires that meet the criteria for the

highest rating for fuel efficiency, according to

Annex I to that regulation.



Requirement referred to in the first subparagraph shall not apply where the authority of

safety reasons or on the grounds of public health, choose to

buy tires with the highest classification for traction on wet

surfaces or classification for the external

rolling noise.



Purchases of services



paragraph 7 of an authority shall in its specifications or other

tender documents concerning public service contracts require

the service provider, if he buys into new products in order to

provide the service, in whole or in part, only buy in

goods that meet the requirements of sections 3 to 6.



With "public service contracts" means contracts for such services

as defined in article 1(2)(d) of

European Parliament and Council Directive 2004/18/EC of 31

March 2004 on the coordination of procedures for the award of public

procurement of works, goods and services.



The purchase of buildings or the conclusion of lease agreements



section 8, an agency that buys a building or part of a

lease agreement in respect of a building or facility shall only purchase

or enter into lease agreements for buildings at least meets

the requirements for energy economy and heat retention that

placed on the construction works in accordance with Chapter 8. section 4 of the 6 aircraft and

Building Act (2010:900) as well as the regulations issued in

connection to the paragraph.



The requirements referred to in the first subparagraph shall not apply if the purpose of the

the purchase is to



a) do or demolishing the building,



b) sell the building on without using it for their own

purpose, or



c) preserving the building as a building officially protected as

part of a designated environment or because of their special

architectural or historic value.



General exceptions



section 9 of an agency may exempt purchases and contracts from

the requirements set out in paragraphs 3 to 8. Exceptions may be made if the authority faced

purchase determines that a purchase of such buildings, goods and

services or the conclusion of lease agreements for buildings and

premises is not compatible with



a) cost-effectiveness;



b) economic feasibility,



c) sustainability in the broader sense,



d) technical suitability, or



e) sufficient competition.



With cost effectiveness means profitability for the authority with

account of the building's energy consumption in a

life cycle perspective.



Except for Sweden's defense



section 10 of the requirements set out in paragraphs 3 to 8 apply only to the extent that

their application does not conflict with the military

the armed forces ' nature and essential purpose.



The provisions shall not apply to contracts for the supply of

military equipment as defined in the European Parliament

and Council directive 2009/81/EC of 13 July 2009 on the

coordination of procedures for the award of certain contracts

for works, supplies and services by Contracting

authorities and entities in the fields of defence and security.



Follow-up



section 11 of the rules on reporting and monitoring is available in 20 and 20 (a) of the Regulation (2009:907) on environmental management in government agencies and in the annex to that regulation.

Regulation (2015:230).