French Public procurement code
In forceI.-When a purchaser awards a contract for the purchase of a motor vehicle in categories equivalent in Saint-Barthélemy to categories M and N as defined inarticle R. 311-1 of the Highway Code , and the estimated value of the requirement is equal to or greater than the thresholds for a formalised procedure, the purchaser must take into account the energy and environmental impact of this vehicle throughout its life.
The following purchases are exempt from this obligation:
1° Vehicles designed and built for use mainly on construction sites, in quarries or port or airport facilities;
2° Vehicles designed and built for use by the armed forces, civil defence, fire-fighting services and services responsible for maintaining law and order;
3° Mobile machinery.
II.-When the purchase of the motor vehicle is made for the performance of a public passenger transport service for which the purchaser has been entrusted with the management and operation, the obligation mentioned in the first paragraph of I of this article applies, regardless of the estimated value of the contract, as long as the revenue from the management and operation, over the entire duration of the contract, is equal to or greater than the threshold for the formalised procedure applicable to the award of supply contracts by this purchaser.
III. - The obligation mentioned in the first paragraph of I of this article applies, regardless of the estimated value of the contract, as long as the revenue from the management and operation, over the entire duration of the contract, is equal to or greater than the threshold for the formalised procedure applicable to the award of supply contracts by this purchaser.The obligation mentioned in I of this article may be met by:
1° Setting technical specifications in accordance with articles R. 2111-7 to R. 2111-11 relating to the energy and environmental performance of the vehicle;
2° Including the energy and environmental impact of the vehicle, over its entire lifetime, in the award criteria provided for in article R. 2152-7. The impacts to be taken into account are defined in accordance with the procedures set out in IV of this article. If the purchaser chooses to translate these impacts into monetary values, their quantification must comply with the methodology established in application of IV of this article.
IV - A joint order of the ministers responsible for ecology and the economy, which is annexed to this code, determines the energy and environmental impacts associated with the use of the motor vehicle that should be taken into account, as well as the methodology to be applied if it is envisaged to translate these impacts into monetary value.
