How to set minimum share of low-emission vehicles in public procurement?
The new Act on the Support to Low-Emission Vehicles, which belatedly transposes into Czech law Directive (EU) 2019/1161 of the European Parliament and of the Council on the Promotion of Clean and Energy-Efficient Road Transport, stipulates a requirement to achieve a minimum share of ‘clean’ and zero-emission vehicles in public procurement and in the acquisition of public passenger transport services.
The strict limits will have to be achieved in two periods, first by 31 December 2025 and then by 31 December 2030, in awarding above-threshold public contracts for the acquisition (purchase, lease) of specified types of vehicles and public passenger transport services, and public contracts for the provision of specified transport-related services. By the end of 2025, the minimum share of environmentally friendly vehicles should be as follows:
- 29,7% for passenger cars, light trucks, and minibuses
- 41% for buses
- 9% for trucks.
Also, a half of the limit for buses will have to be achieved by zero-emission vehicles. In the next period until the end of 2030, the minimum share of environmentally friendly buses will be significantly increased to 60%.
For a breach of these obligations, the Office for the Protection of Competition may impose fines of up to CZK 20 million. However, the law does not apply, e.g., to agricultural vehicles, vehicles used on construction sites or airports, or ambulances. The law is primarily intended to strengthen the protection of urban air quality and prevent sanctions from the European Commission. Reducing the number of emission vehicles will also contribute to the EU's green transition objectives. The question remains how it will impact the state budget, as the prices of low-emission vehicles (especially buses) may be significantly higher.
The law entered into effect on 1 December 2022. We therefore recommend that entities awarding public contracts prepare for these changes as soon as possible.