Act No. 360 / 2022 Coll.
Law on the promotion of low-emission vehicles through public procurement and public passenger transport services
Valid
Law
Effective from 01.12.2022
Text versions:
01.12.2022
30.11.2022
360
THE LAW
of 3 November 2022
on support for low-emission vehicles through public procurement and public passenger transport services
Parliament has decided on this law of the Czech Republic:
Subject matter
This law implements the relevant European Union1) and regulates the minimum share of low-emission vehicles in public procurement under the Public Procurement and Public Services Act under the Public Passenger Transport Services Act.
Scope
(1) This Law shall apply to contracts concluded until 31 December 2030:
(a) over-limited public contracts the object of which is the purchase, leasing or rental of a vehicle referred to in paragraph 3, which the contracting authority has been obliged to award under paragraphs 4 (1) and 4 (3) of the Public Procurement Act (hereinafter the contracting authority) in the procurement procedure under the Public Procurement Act;
(b) above-limit public service contracts as referred to in Annex 1 to this Law which the contracting authority was obliged to award in the procurement procedure under the Public Procurement Act, with the exception of the concession procedure, provided that such services are provided through the vehicle referred to in paragraph 3;
(c) public passenger transport services under the Law on public passenger transport services where the average annual value or the number of kilometres per year exceeds those under the directly applicable European Union rules governing public passenger transport services by rail and road2), provided that such services are provided via a vehicle in accordance with paragraph 3.
(2) A contract awarded under a framework agreement or in a dynamic purchasing system where the expected value of a framework agreement or dynamic purchasing system exceeds the financial limit for the determination of an overlimit contract pursuant to the legislation governing the financial limits for the determination of overlimit public bans (3) shall also be considered to be an excess contract referred to in paragraph 1.
(3) The obligations laid down by this law shall apply to the contracts referred to in paragraph 1 relating to:
(a) road vehicles of category N1, N2, N3, M1, M2 or road vehicles of category M3 or of category M3 according to the directly applicable European Union Regulation on the approval of motor vehicles (4) and the directly applicable European Union Regulation relating to the type-approval requirements of motor vehicles (5), with the exception of:
1. an agricultural or forestry vehicle pursuant to a directly applicable European Union Regulation governing the approval and market surveillance of agricultural and forestry vehicles (6),
2. two or three-wheel vehicles and quadricycles according to the directly applicable European Union Regulation concerning the approval and market surveillance of two- or three-wheel vehicles and quadricycles (7);
3. Belt vehicle,
4. self-propelled vehicles specially designed and constructed to carry out certain work which, due to its structural characteristics, is not suitable for the carriage of persons or goods and which are not machinery mounted on a chassis of a motor vehicle;
5. vehicles designed and constructed or modified for use only by the armed forces, the Military Police or the Military Intelligence,
6. vehicles designed or constructed for use primarily at construction sites, quarries, ports or airports;
7. vehicles used or constructed and manufactured or modified for use by the Ministry of the Interior for the purpose of maintaining public order, components of an integrated rescue system8), safety corps 9) or municipal police; the vehicle shall be technically adapted for this purpose,
8. vehicles designed and constructed or modified to be used as national tangible reserves; or
9. armored vehicles, ambulance, hearse, wheelchair accessible vehicles or motor cranes referred to in Annex I (A) (5), directly applicable regulations on the approval of motor vehicles and their trailers, as well as systems, components and separate technical units intended for such vehicles and on the supervision of the market in nimi4); for the purposes of this Act, a vehicle intended for transporting money and other valuables is considered to be an armored vehicle in the performance of the tasks of the Czech National Bank under the Act on the Czech National Bank; or
(b) vehicles intended for use on the trolleybus track.
Low emission vehicle
For the purposes of this Act, a low emission vehicle means:
(a) by 31 December 2025, a road vehicle of category M1, M2 or N1 which does not exceed the CO2 emission limit of 50 g / km and 80% of the emission limits for real-time air pollutants referred to in Annex I, the directly applicable European Union Regulation on type-approval of motor vehicles with regard to emissions from light passenger vehicles (10);
(b) from 1 January 2026 to 31 December 2030, a road vehicle of category M1, M2 or N1 whose operation has no CO2 emissions;
(c) a road vehicle of category N2 or N3 or a road vehicle of class I of category M3 or class A of category M3 using alternative fuel pursuant to Article 2 (b) of the Fuel Act, except for a fuel with a high risk of indirect land use change produced from raw materials, where there is evidence of a significant expansion of the area of production to land with a large carbon stock in accordance with an integrated national energy and climate plan pursuant to the directly applicable European Union energy management regulation approved under the Energy Union Act; if it is a vehicle using liquid biofuel or synthetic or paraffinic fuel, it shall not be mixed with conventional fossil fuel; or
(d) a vehicle intended for use on the trolleybus track.
Minimum shares of low-emission vehicles
(1) The contracting authority and the client under the Law on public passenger transport services ("the client") are obliged to comply with the minimum shares of the low-emission vehicles which are:
(a) for road vehicles of categories M1, M2 and N1
1. 29,7% from the date of entry into force of this Act until 31 December 2025; and
29,7% from 1 January 2026 to 31 December 2030,
(b) for road vehicles of Class I of category M3 and Class A of category M3 and vehicles intended for use on the trolleybus track
1.41% from the date of entry into force of this Act until 31 December 2025; and
2.60% from 1 January 2026 to 31 December 2030, and
(c) for road vehicles of categories N2 and N3
1.9% from the date of entry into force of this Act until 31 December 2025; and
2.11% from 1 January 2026 to 31 December 2030.
(2) For the purposes of calculating the minimum shares referred to in paragraph 1, vehicles referred to in Article 2 (3) which:
(a) has been the subject of public contracts pursuant to Article 2 (1) (a); or
(b) they are to be used for the provision of services in the case of public contracts under Article 2 (1) (b) or public passenger transport services under Article 2 (1) (c).
(3) The minimum shares referred to in paragraph 1 shall be calculated as the shares of the total number of low-emission vehicles in respect of all vehicles that are taken into account in accordance with paragraph 2, separately in each point in paragraph 1 (a) to (c).
(4) Half of the minimum shares referred to in paragraph 1 (b) must be achieved by the contracting authority or the client through vehicles without an internal combustion engine or with an internal combustion engine which emits:
(a) less than 1 g CO2 / kWh, measured in accordance with the directly applicable European Union Regulation on type-approval of motor vehicles and engines with regard to emissions from heavy duty vehicles (Euro VI) 11 and the directly applicable European Union Regulation implementing Article 12 thereof; or
(b) less than 1 g CO2 / km, measured in accordance with the directly applicable European Union type-approval Regulation for motor vehicles with regard to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) 10 and the directly applicable European Union Regulation implementing Article 14 thereof.
(5) In order to assess compliance with the minimum shares in the periods referred to in paragraph 1, the following shall be decisive:
(a) in the case of contracts concluded for public contracts pursuant to Article 2 (1) (a) or (b), the date of publication of the contract award notice in the Official Journal of the European Union; or
(b) in the case of contracts concluded for public passenger transport services pursuant to Article 2 (1) (c), the date of conclusion of the contract.
Joint fulfilment of obligations
(1) Contracting entities or contracting entities may carry out the obligations referred to in Article 4 jointly if they report the joint fulfilment of the obligations under Article 8 (1) and (2).
(2) Where the contracting authorities or the contracting entities referred to in Article 8 (1) and (2) declare the joint fulfilment of the obligations referred to in Article 4, they shall be deemed to:
(a) where the minimum proportion of low-emission vehicles is met in sum for all contracting entities or entities which have declared joint fulfilment of their obligations pursuant to Article 4, the minimum proportion referred to in Article 4 has been fulfilled by each of those contracting entities or entities; or
(b) where the minimum proportion of low-emission vehicles is not met in sum for all contracting entities or entities which have declared joint fulfilment of their obligations under Article 4, the minimum proportion referred to in Article 4 has not been met by any of those contracting entities or entities.
Compensation
(1) The contracting authority or the ordering entity may include in the minimum shares of low-emission vehicles referred to in Article 4 vehicles which fulfil the conditions laid down in Article 3 or Article 4 (4) as a result of the conversion which takes place during the periods referred to in Article 4 (1), provided that it recognises the replacement performance of the obligations under Article 8 (3) and (4).
(2) For the assessment of the period of conversion referred to in paragraph 1, the relevant moment in the entry of the change in the data shall be:
(a) a road vehicle technical licence based on the approval of the technical competence of the converted vehicle in the case of a road vehicle; or
(b) a traction vehicle licence based on the approval of the technical competence of the converted vehicle in the case of a vehicle intended to operate on a trolleybus track.
Reporting of compliance
(1) Within 30 days of the conclusion of a contract pursuant to Article 2 (1) (a) or (b) or from the end of each calendar quarter in the case of a framework agreement or a dynamic purchasing system for which it publishes the result, the contracting authority shall communicate in writing to the Ministry of Local Development in relation to the contract to which the contract relates, the number of:
(a) vehicles covered by this law;
(b) low-emission vehicles, with the exception of vehicles meeting the conditions laid down in Article 4 (4); and
(c) vehicles which satisfy the conditions laid down in Article 4 (4).
(2) Where the data referred to in paragraph 1 is communicated by a central contracting authority, it shall at the same time communicate the data referred to in paragraph 1, broken down into individual contracting entities for which that central contracting authority fulfils the obligation referred to in paragraph 1.
(3) The client is obliged to submit to the Ministry of Transport a written summary report on the performance of the obligations under Section 4, listing the public passenger transport service contracts under Section 2 (1) (c),
(a) until 31 January 2026 for the period from the date of entry into force of this Law until 31 December 2025; and
(b) until 31 January 2031 for the period from 1 January 2026 to 31 December 2030.
(4) In the case of contracts concluded under a tendering procedure under the Law on public passenger transport services, the client shall state in the report referred to in paragraph 3:
(a) the registration number of the contract from the notice of invitation to tender for the selection of the carrier for the conclusion of a public passenger service contract published in the Public Procurement Bulletin;
(b) the date of conclusion of the contract;
(c) a reference to the publication of the contract, if it has been published, or the text of the contract, if it has not been published; and
(d) in relation to the notified contracts covered by the report, the number of:
1. vehicles covered by this Act, including their category;
2. low-emission vehicles, with the exception of vehicles meeting the conditions set out in Paragraph 4 (4), including their category; and
3. vehicles which satisfy the conditions of Paragraph 4 (4).
(5) In the case of contracts concluded on the basis of a direct award under the Law on public passenger transport services, the client shall state in the report referred to in paragraph 3:
(a) the date of the opening of negotiations with the carrier;
(b) the date of conclusion of the contract;
(c) a reference to the publication of the contract, if it has been published, or the text of the contract, if it has not been published; and
(d) in relation to the notified contracts covered by the report, the number of:
1. vehicles covered by this Act, including their category;
2. low-emission vehicles, with the exception of vehicles meeting the conditions set out in Paragraph 4 (4), including their category; and
3. vehicles which satisfy the conditions of Paragraph 4 (4).
(6) Obligation under
(a) paragraph 1 shall be deemed to be fulfilled if the data are sent to the operator of the Public Procurement Bulletin in the performance of the obligation under Paragraph 126, 137 or 142 of the Public Procurement Act;
(b) paragraph 2 shall be deemed to be fulfilled if the data are sent to the operator of the Public Procurement Bulletin in the application for publication of the form under the conditions laid down in the operating rules of the Public Procurement Bulletin operator published on its website.
(1) The joint performance of the obligations referred to in Article 5 may only be declared by the contracting authority or the client by means of a form as set out in Annex 2 or 3 to this Act, sent in machine-readable format by means of a data box or as a data message signed by a recognised electronic signature.
(a) to the Ministry of Local Development, if they are public contracts pursuant to § 2 (1) (a) or (b); or
(b) the Ministry of Transport, if public passenger transport services are provided under § 2 (1) (c).
(2) The joint fulfilment of obligations under Article 5 shall be reported if 2 or more contracting entities or entities intending to fulfil obligations under Article 4 jointly submit the form referred to in paragraph 1.
(a) until 31 December 2025 for the period from the date of entry into force of this Law until 31 December 2025; or
(b) until 31 December 2030 for the period 1 January 2026 to 31 December 2030.
(3) The contracting authority may declare the replacement performance of the obligations referred to in Article 6 only by means of a communication from the Ministry of Regional Development, if it is a public contract, or by means of a communication from the Ministry of Transport, if it is a public passenger service. In this communication, the contracting authority or the ordering entity shall clearly identify the vehicles which have been the subject of the conversion and give a description of the technical changes made to the vehicle.
(4) Replacement of obligations under Article 6 shall be reported if the contracting authority or the client sends a message pursuant to paragraph 3 via a data box or as a data message signed by a recognised electronic signature.
(a) until 31 December 2025 for the period from the date of entry into force of this Law until 31 December 2025; or
(b) until 31 December 2030 for the period 1 January 2026 to 31 December 2030.
Processing of data on the reported performance of obligations
On the basis of the data reported under Sections 7 and 8 The Ministry of Local Development or the Ministry of Transport shall calculate the achieved shares of low-emission vehicles in accordance with Article 4 (3) and (4) in relation to individual contracting entities or contracting entities and shall transmit the results of these calculations without undue delay to the Authority (hereinafter referred to as the Office), including the supporting documents for this calculation.
Supervision
(1) The Office shall supervise compliance with this law.
(2) Within 15 working days of the date of receipt of the invitation, the contracting authority or the client is obliged to submit to the Office:
(a) the contract and, where requested in the invitation, the documents relating to its conclusion, including those contained in the procurement documents;
(b) a public passenger transport service contract and, where requested in the invitation, documents relating to its conclusion, including documents forming part of the tender documents; or
(c) a road vehicle technical licence declared in accordance with § 8 (3) or a train vehicle licence if it is a vehicle intended to operate on a trolleybus track declared in accordance with § 8 (3).
(3) The obligation referred to in paragraph 2 shall be fulfilled in respect of documents and information stored in an electronic instrument having a certificate of conformity pursuant to Article 213 (4) of the Public Procurement Act, even if the contracting authority provides access to such documents and information to the Office throughout the infringement proceedings until its final conclusion. Such documents and information are authentic, even if they were originally created outside an electronic instrument which has a certificate of conformity pursuant to Article 213 (4) of the Public Procurement Act.
Transfers
(1) The contracting authority or client commits an offence by:
(a) fails to fulfil any of the obligations under Paragraph 4;
(b) report the data referred to in Article 8 (3) which do not correspond to the technical road vehicle licence or the train vehicle licence for a vehicle intended to operate on a trolleybus track;
(c) thwart the exercise of supervision by the Office by not submitting, on the basis of its repeated call pursuant to Article 10 (2), documents the service of which is the subject of a call; or
(d) fails to fulfil the obligation under Paragraph 10 (2).
(2) The contracting authority shall commit an offence by not communicating data to the Ministry of Local Development pursuant to Section 7 (1).
(3) The central contracting authority shall commit an infringement by not communicating the data to the Ministry of Local Development pursuant to Article 7 (2).
(4) The client commits an infringement by not submitting a written summary report to the Ministry of Transport pursuant to § 7 (3).
(5) A fine of up to CZK 20 000 000 may be imposed for the offence referred to in paragraph 1 (a), (b) or (c).
(6) A fine of up to CZK 200 000 may be imposed for the offence referred to in paragraph 1 (d) or paragraph 2, 3 or 4.
(1) The Office shall discuss transfers under this law.
(2) At least one authorised official person involved in infringement proceedings conducted at each stage of the Office must have a higher education degree obtained in the Master's study programme in the field of education Law or similar higher education obtained by a university degree not in the field of education. The provisions of the Act on Liability for Infringements and Proceedings concerning the requirements for the education of authorised officials shall not apply to infringement proceedings under this Act.
(3) In the case of infringements under this Act, Articles 13 (1), 15 to 17, 24, 25, 35 (a), (d) and (e), 38 (e), 42, 45 and 48 to 50 of the Liability and Proceedings Act are not applicable.
(4) Sections 68 (b) and (c), 70, 71, 82, 87, 88 (1) and (2), 89, 93 (1) (d), (g) and (h) and 95 (3) of the Act on Liability for Infringements and Proceedings do not apply to infringement proceedings under this Act.
Transitional provisions
(1) This law shall not apply to contracts concluded by:
(a) in procurement procedures initiated before the date of entry into force of this Law; or
(b) on the basis of a framework agreement or a dynamic purchasing system, where the procurement procedure for the conclusion of a framework agreement or the establishment of a dynamic purchasing system has been initiated before the date of entry into force of this law.
(2) This law does not apply to public passenger transport contracts for which
(a) the invitation to tender is opened before the date of entry into force of this Law; or
(b) negotiations with the carrier on the direct award shall commence before the date of entry into force of this Act.
(3) The contracting authority or the client may notify in writing that, for the purposes of calculating the shares of low-emission vehicles pursuant to § 4 (1) (a) (1), § 4 (1) (b) (1) and § 4 (1) (c) (1), vehicles meeting the conditions under § 4 (2) in relation to contracts shall also be counted between vehicles taken into account under § 4 (2).
(a) contracts concluded in procurement procedures initiated from 2 August 2021 or under a framework agreement or a dynamic purchasing system, where the procurement procedure for the conclusion of a framework agreement or the establishment of a dynamic purchasing system has been initiated since 2 August 2021; or
(b) public passenger transport services concluded in invitations to tender starting from 2 August 2021 or on the basis of negotiations with the carrier on a direct award started from 2 August 2021.
(4) The notification referred to in paragraph 3 shall be made before 31 December 2025 by the contracting authority to the Ministry of Local Development or by the client to the Ministry of Transport.
(5) Where the contracting authority or the client makes the notification referred to in paragraph 3, vehicles declared in accordance with Article 7 (1) to (6) shall also be deemed to be vehicles declared in accordance with Article 7 (1) to (6) from 2 August 2021.
(6) Pending the entry into force of the obligation to use forms under the directly applicable European Union law governing standard forms for the publication of notices in the field of public procurement (12), the obligation referred to in Article 7 (1) shall be deemed to be fulfilled if the data are sent to the operator of the Public Procurement Bulletin in the application for publication of the form under the conditions laid down in the operating rules of the operator of the Public Procurement Bulletin published on his website.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Příloha č. 1
Annex No. 1 to Act No. 360 / 2022 Coll.
List of services for the purposes of Section 2 (1) (b)
| Kód podle hlavního slovníku jednotného klasifikačního systému pro účely veřejných zakázek podle přímo použitelného předpisu Evropské unie13) | Popis |
|---|---|
| 60112000-6 | Služby veřejné silniční dopravy |
| 60130000-8 | Služby jednoúčelové silniční osobní dopravy |
| 60140000-1 | Nepravidelná osobní doprava |
| 90511000-2 | Sběr odpadu |
| 60160000-7 | Silniční poštovní doprava |
| 60161000-4 | Přeprava balíků |
| 64121100-1 | Doručování pošty |
| 64121200-2 | Doručování balíků |
Příloha č. 2
Annex No. 2 to Act No. 360 / 2022 Coll.
Form for notification of the joint fulfilment of obligations pursuant to § 4 if the contract is covered by § 2 (1) (a) or (b)
Příloha č. 3
Annex 3 to Act No. 360 / 2022 Coll.
Form for notification of the joint fulfilment of obligations under § 4, if public passenger transport services under § 2 (1) (c)
1) Directive 2009 / 33 / EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean road vehicles to promote low-emission mobility. Directive (EU) 2019 / 1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009 / 33 / EC on the promotion of clean and energy-efficient road vehicles.
2) Article 5 (4) 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 road and repealing Council Regulations (EEC) No 1191 / 69 and (EEC) No 1107 / 70, as amended.
3) Government Decree No. 172 / 2016 Coll., on the setting of thresholds and amounts for the purposes of the Public Procurement Act, as amended.
(4) 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, amending Regulations (EC) No 715 / 2007 and (EC) No 595 / 2009 and repealing Directive 2007 / 46 / EC, as amended.
5) Regulation (EC) No 661 / 2009 of the European Parliament and of the Council of 13 July 2009 on type-approval requirements for motor vehicles, their trailers and systems, components and separate technical units intended for such vehicles with regard to general safety, as amended.
(6) Regulation (EU) No 167 / 2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles, as amended.
7) Regulation (EU) No 168 / 2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles, as amended.
8) Paragraph 4 of Act No. 239 / 2000 Coll., on the Integrated Rescue System and amending certain laws, as amended.
9) Paragraph 1 (1) of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, as amended.
10) Regulation (EC) No 715 / 2007 of the European Parliament and of the Council of 20 June 2007 on type-approval of motor vehicles with regard to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6), as amended.
11) Regulation (EC) No 595 / 2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with regard to emissions from heavy duty vehicles (Euro VI) and amending Regulation (EC) No 715 / 2007 and Directive 2007 / 46 / EC and repealing Directives 80 / 1269 / EEC, 2005 / 55 / EC and 2005 / 78 / EC, as amended.
12) Commission Implementing Regulation (EU) 2019 / 1780 of 23 September 2019 laying down standard forms for the publication of notices in the field of public procurement and repealing Implementing Regulation (EU) 2015 / 1986 ("electronic forms").
13) Regulation (EC) No 2195 / 2002 of the European Parliament and of the Council of 5 November 2002 on the Common Procurement Dictionary (CPV), as amended.
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Regulation Information
| Citation | Act No. 360 / 2022 Coll., on the promotion of low-emission vehicles through public procurement and public passenger transport services |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2022 |
|---|---|
| Effective from | 01.12.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 160
Public Contracts 5
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