Explanatory Memorandum to COM(2023)189 - Amendment of Directive 1999/62/EC, Council Directive 1999/37/EC and Directive (EU) 2019/520 as regards the CO2 emission class of heavy-duty vehicles with trailers - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)189 - Amendment of Directive 1999/62/EC, Council Directive 1999/37/EC and Directive (EU) 2019/520 as regards the CO2 emission ... |
|---|---|
| source | COM(2023)189 |
| date | 04-05-2023 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
Directive (EU) 2022/362 of the European Parliament and of the Council0 amending Directive 1999/62/EC of the European Parliament and of the Council0 addressed a number of socio-economic and environmental challenges, including climate change. It did so by enabling CO2 emission-based differentiation of road charges for heavy-duty vehicles as well as for light-duty vehicles in order to incentivise operators to deploy more efficient vehicles. At the time of its adoption, a legal framework for the certification of the effect of trailers on the CO2 emissions of heavy goods vehicle combinations was not available yet. Therefore, trailers could not be included in the CO2 emission-based differentiation of road charges.
As a result, Recital 31 of Directive (EU) 2022/362 called for the Commission to include the effect of trailers and semi-trailers on the CO2 emissions of heavy goods vehicle combinations when determining the reduction of road charges once legally certified values for the effect of trailers and semi-trailers on the CO2 emissions of heavy goods vehicle combinations are available. The condition laid down in the recital was fulfilled by the adoption of Commission Implementing Regulation (EU) 2022/13620.
Trailers have a significant potential for reduction of CO2 emissions of heavy goods vehicle combinations and demand-oriented measure reducing operational costs of more energy-efficient trailers can incentivise their more rapid deployment. Therefore, the objective of this proposal is to set out the rules to include the effect of trailers on the CO2 emissions of heavy goods vehicle combinations in road charging schemes that differentiate road charges based on vehicles’ CO2 emission.
Additionally, this proposal modifies the existing provisions of Directive (EU) 2022/362 concerning the variation of the infrastructure and user charges of heavy-duty vehicles according to their CO2 emissions to reflect the new structure of Regulation (EU) 2019/1242 resulting from its revision under proposal COM(2023) 88 final0.
• Consistency with existing policy provisions in the policy area
This initiative complements CO2 emission-based tolling introduced by Directive (EU) 2022/362, as set out in recital 31 of that Directive.
• Consistency with other Union policies
This proposal complements the proposal COM(2023) 88 final for a Regulation amending Regulation (EU) 2019/1242, which extends its scope so as to set requirements on trailers’ manufacturers with regard to their new fleets, and thus applies to the supply side of the road freight transport sector. This proposal applies to the demand side of this sector by incentivizing the purchase of more efficient trailers by transport operators. This proposal also reflects the amendments made to Regulation (EU) 2019/1242 in the provisions of Directive (EU) 2022/362 making reference to that Regulation.
This proposal also contributes to the objectives of the REPowerEU Plan0 by enhancing energy savings and efficiencies in the road transport sector.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The legal basis for Directive 1999/62/EC is Articles 71 and 93 of the Treaty establishing the European Community, now Articles 91 and 113 on the Treaty on the functioning of the European Union TFEU).
The provisions of the Directive affected by this proposal pertain to road charges on vehicles, an area to which Article 91 TFEU applies.
• Subsidiarity (for non-exclusive competence)
The EU shares competence with Member States to regulate in the field of transport pursuant to Article 4(2)(g) TFEU. However, an adaptation of the existing rules can only be operated by the EU itself. The extension of EU rules to trailers is justified by the impacts of vehicle combinations on climate change since these vehicles make use of the same road infrastructure and contribute to CO2 emissions.
• Proportionality
The proposed measures only contribute to achieving the objectives set, notably of a consistent application of the polluter pays and user pays principles, and do not go beyond what is necessary to achieve the Union’s objectives of reducing greenhouse gas emissions in a cost-effective manner, while ensuring fairness and environmental integrity.
• Choice of the instrument
Since the legal act to be amended is a Directive, the amending act should take the same form.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Directive (EU) 2022/362 addressed various problems linked to road charging of heavy goods vehicles. The stakeholders’ contribution to the evaluation leading to that Directive pointed at the need to reduce CO2 emissions of the road sector.
Directive (EU) 2022/362 mandated differentiated road charges for heavy-duty vehicles and included the possibility for Member States to differentiate road charges for light duty vehicles based on CO2 emissions. Due to the lack of a legislative framework for the certification of the effect of trailers on the CO2 emissions of vehicle combinations at the time of its adoption, Directive (EU) 2022/362 did not take into account the effect of trailers in the heavy-duty vehicle road charges differentiation. For full regulatory consistency, recital 31 of the Directive suggests an amendment to fill this gap by including the effect of trailers in the heavy-duty vehicle road charges differentiation.
• Stakeholder consultations
Targeted consultation methods with specific stakeholders and specialists were used. Nine interviews were conducted with representatives from Member States’ transport ministries, transport operators, vehicle compliance authorities representatives, tolling service providers and manufacturers, and standardisation bodies.
The inclusion of trailers in the differentiation of road charges based on CO2 emissions was considered technically feasible by stakeholders. At the same time, stakeholders pointed at possible implementation-related complexities as well as at scope for simplification and improvement. Below is described how the input received was taken into account in the proposal.
The draft proposal that was discussed with stakeholders consisted in the computation of the total CO2 emissions of vehicle combinations as the product of the CO2 emissions of the motor vehicle in grams per ton-kilometre times the efficiency ratio of the trailer linked to it. The CO2 emission class of the vehicle combination would then be defined in accordance with Article 7ga(2). However, both Member States and tolling service providers identified issues with the process. Member States’ transport ministries highlighted possible inconsistencies with their implementation of Directive (EU) 2022/362. Specifically, to implement the CO2 emission-based differentiation in these Member States, the on-board equipment0 stores the CO2 emissions class of the motor vehicle and is not required to store the CO2 emissions in grams per ton-kilometre. Tolling service providers recognised that such a computation would require storing the efficiency ratio on the on-board equipment for each trailer that is usually linked to the motor vehicle. The driver of this vehicle would have to select the trailer used during a specific journey from a list of these trailers. Such a list could be significantly long for undertakings with a large trailer fleet. In light of this, tolling service providers highlighted that it is important to keep the on-board equipment’s interface simple to reduce the risk of misinterpretation or mistake from part of the drivers. At the same time, tolling service providers shared that on-board equipment’s with similar functionalities already exist, such as the possibility for a driver to select the number of axels and the weight of the vehicle combination. A similar observation on the importance of simplicity and risk of additional burden was advanced by transport operators.
In response to the above points, this proposal defines in a new annex to the Directive three trailer classes based on efficiency ratio thresholds. For each trailer class, it is defined how the variation of the CO2 emission class of the motor vehicle is affected, resulting in the CO2 emission class of the vehicle combination. This change renders this proposal more consistent with the ongoing implementation of the CO2 emissions-based differentiation of road charges introduced in Directive (EU) 2022/362. Specifically, a computation as included in the draft proposal that was discussed with stakeholders is not required, and consequently it is not required to have the motor vehicle’s CO2 emissions in grams per ton-kilometre stored on the on-board equipment. Similarly, it is not required that the on-board equipment of a motor vehicle stores the efficiency ratio of each trailer that is normally used with a motor vehicle. Accordingly, the driver of a vehicle combination would not be required to select a value from a list of trailers; instead, it would be required to select the trailer’s class, resulting in the simplification of the on-board equipment’s interface and of the new functionality.
To reduce the risk of misinterpretation or mistake from part of the drivers, toll service providers also suggested that trailers’ parameters be communicated to the motor vehicle’s on-board equipment electronically by using the trailers’ on-board weighting equipment. This proposal does not further elaborate on this suggestion because of two reasons. First, the use of on-board weighting equipment is one of the options outlined in Article 10d of the Council Directive 96/53/EC0 and no Member State made use of this option at this moment in time, meaning that the on-board weighting equipment is not widely deployed. Secondly, the European Standard Organizations CEN and ETSI, consulted by the Commission, shared that, while being technically possible, communication between tolling-related on-board equipment and on-board weighting equipment is not covered by current standards and not supported by all such devices currently on the market.
The Member States’ transport ministries expressed concerns with respect to enforcement. In this respect, the proposal amends Article 7j to require a driver or, if appropriate, the transport operator or the European Electronic Toll Service (EETS) provider to provide evidence of the trailer characteristics to enforcement officers. A potential complication linked to aerodynamic devices is that these devices can be relatively easily removed from a trailer. To ensure that the efficiency of trailers is the same as the type-approved vehicle and that it is not different because of changes in the aerodynamic devices, trailers will be equipped with a label on their front, which includes a list of aerodynamic devices equipped on that very trailer, in accordance with Points 1.8 and 1.9 of Appendix 3 to Annex V to Commission Implementing Regulation (EU) 2022/1362.
• Collection and use of expertise
For the quantitative assessment of the economic, social, and environmental impacts, the Impact Assessment referred to below has built on analysis from the PRIMES and JRC DIONE model as well as analysis performed by an external contractor.
Monitoring data on greenhouse gas emissions and other characteristics of the new heavy-duty vehicle fleet was sourced from the annual monitoring data as reported by Member States and manufacturers and collected by the European Environment Agency (EEA) under Regulation (EU) 2018/956.
• Impact assessment
The initiative is supported by the Impact Assessment performed for the revision of Regulation (EU) 2019/1242 of the European Parliament and of the Council0, which has received a positive opinion, following a resubmission, from the Regulatory Scrutiny Board on 6 December 2022. The Impact Assessment has concluded that the energy efficiency of trailers has a significant potential for improvement and such measures would make a cost-efficient contribution to the reduction of CO2 emissions from heavy-duty vehicles. In economic terms, the net economic savings over the vehicle lifetime from a societal perspective range from nearly EUR 11 500 in the case of reefer drawbar trailers to over EUR 42 500 for an average semi-trailer with box body.
Therefore, this revision will provide for a mandatory energy efficiency improvement target for the fleet of new trailers, which, being addressed to manufacturers, is a supply-oriented measure. As it is the case for motor vehicles, such supply-oriented measure would be strongly supported by a complementary demand-oriented measure. The reduction of road charges and therefore operational costs of vehicle combinations using more energy-efficient trailers has an effect on the demand of these vehicles in that it supports purchases of more energy efficient and, therefore, more expensive trailers. This effect was also considered in the cost/benefit analysis of the revision of the heavy-duty vehicles CO2 standards legislation.
The amendments to Directive 1999/62/EC as proposed by this act are closely related to the proposal for an amendment of Regulation (EU) 2019/1242. However, Directive 1999/62/EC can only be amended by another Directive, hence two separate acts are required.
• Regulatory fitness and simplification
The differentiation of road charges introduced in this proposal applies only to more efficient trailers. This means that road operators, toll service providers, and toll chargers do not need to register the relevant information of other trailers. The definition of trailer classes is meant to simplify implementation for those undertakings with a significant number of trailers.
The initiative is expected to have a minor positive impact on competitiveness due to differentiated charging, leading to slightly higher uptake of more efficient trailers, driving innovation.
This initiative clarifies the provisions laying down the obligation to variate infrastructure and user charges according to the CO2 emissions of motor vehicles.
• Fundamental rights
The proposal respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
4. BUDGETARY IMPLICATIONS
The proposal has no budgetary implications for the Union.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The proposal includes specific reporting requirements for Member States related to the variation of infrastructure or user charges according to the environmental performance of vehicles.
• Explanatory documents
Considering the scope of the proposal it does not seem justified or proportional to require explanatory documents.
• Detailed explanation of the specific provisions of the proposal
Article 1(1): Article 2 – Definitions
In point (a) of the definition of ‘zero-emission vehicle’, the reference to the definition of zero-emission heavy-duty vehicle in Regulation (EU) 2019/1242 is amended so as to exclusively refer to zero-emission heavy-duty motor vehicles in the proposed new definition, and not to trailers. This amendment ensures that the meaning of the current definition is preserved and that the classification of heavy-duty vehicle combinations to CO2 emission class 5, in accordance with Article 7ga(2), is based exclusively on the motor vehicle.
In the definition of ‘low-emission vehicle’, point (b) is amended so as to specify the concerned vehicle groups by referring to those covered by implementing acts adopted pursuant to Article 7ga(7). This amendment ensures that the meaning of the current definition is preserved and reflects the new proposed structure of Regulation (EU) 2019/1242. Indeed, based on the proposal submitted in parallel by the Commission, Article 2(1) of that Regulation will no longer define the vehicle sub-groups covered by the Regulation.
The definition of ‘emission reduction trajectory’ is amended so as to:
- harmonise the terminology with the terminology used in the proposed new point 5.1 of Annex I to Regulation (EU) 2019/1242;
- ensure its applicability after 2030 based on the CO2 emissions reduction targets that will be set out in Regulation (EU) 2019/1242 (once amended in accordance with the parallel Commission’s proposal);
- ensure that the reference to reference CO2 emissions of a sub-group applies as defined in point 38;
- move the last section, concerning possible adjustments to the reference CO2 values, to Article 7ga(1), to ensure the same time of applicability for all CO2 emission classes.
This amendment ensures that the meaning of the current definition is preserved as well as its applicability after 2030.
The definition of ‘reference CO2 emissions of a vehicle group’ is amended so as to define ‘reference CO2 emissions', referring to both vehicle sub-groups and groups, to clarify in point (a) that vehicles covered by Regulation (EU) 2019/1242 are grouped in sub-groups, and to specify the concerned vehicle groups in point (b) by referring to those covered by implementing acts adopted pursuant to Article 7ga(7). This amendment ensures that the meaning of the current definition is preserved.
The definitions of ‘trailer’ and ‘semi-trailer’ are added to provide legal clarity as regards these specific terms and to better specify the scope of the relevant provisions.
Article 1(2): Article 7ga – Variation of charges for heavy duty vehicles
In paragraph 1 of Article 7ga, the second and fourth sub-paragraphs are respectively amended and deleted so as to:
- refer in the second sub-paragraph to the variation of infrastructure charges and user charges for all CO2 emission classes for all vehicle sub-groups covered by Regulation (EU) 2019/1242, and therefore include in that subparagraph the reference to sub-groups that will be covered once the proposed amendments to that Regulation will enter into force and which are currently referred to in the fourth sub-paragraph;
- merge the current fourth sub-paragraph with the current second sub-paragraph;
- preserve the time of applicability of the variation for vehicle sub-groups currently covered by Regulation (EU) 2019/1242 by explicitly referring to those vehicle sub-groups and by specifying 13 May 2023 as the end of the two-year period following the publication of the reference CO2 emissions in the implementing act adopted pursuant to Article 11(1) of that Regulation, namely Commission Implementing Decision (EU) 2021/7810;
- preserve the time of applicability of the variation for vehicle sub-groups that will be covered by Regulation (EU) 2019/1242 once the amendments to that Regulation enter into force, as set out in the current fourth sub-paragraph and in the current second sentence of the third sub-paragraph;
- ensure that the time of applicability of possible adjustments to reference CO2 values pursuant to Article 11(2) of Regulation (EU) 2019/1242 is the same for CO2 emission classes 2, 3 and 4, as set out in the current defintion of ‘emission reduction trajectory’, taking into account the proposed changes to Article 11(2).
- specify the concerned vehicle groups by referring to those covered by implementing acts adopted pursuant to Article 7ga(7);
- preserve the time of applicability of the reference CO2 emissions of vehicle sub-groups that will be covered by Regulation (EU) 2019/1242 once the amendments to that Regulation enter into force;
- clarify that, following the extension of the scope of Regulation (EU) 2019/1242 to other heavy-duty vehicles, the variation applies to all CO2 emission classes.
Paragraph 7 is amended so as to maintain the concerned vehicle sub-groups by explicitly referring to the vehicle sub-groups currently covered by Regulation (EU) 2019/1242.
Article 1(3): Article 7gc – Effect of trailers on the determination of reduction of road charges
New Article 7gc specifies the modalities for the determination of the variation of road charges of vehicle combinations according to the effect of trailers on the CO2 emissions of heavy goods vehicle combinations. The differentiation is based on the efficiency ratio of trailers, as specified in Annex VIII. This provision should incentivise the use of more efficient trailers. The article defines the empowerment of the Commission to define thresholds values for the efficiency of trailers and a methodology for older trailers, to which an efficiency ratio is not assigned.
Article 1 i: Article 7j – Collection and payment of tolls and user charges
Paragraph 2a is amended to ensure that all possible charge elements are collected and paid in a coherent manner.
Article 1(5): Article 9d – Commission empowerment to adopt delegated acts
Article 9d is amended to amend the new annex VIII to determine the efficiency ratio thresholds or to adjust them to scientific and technical progress.
Article 1(6): Article 11 – Reporting
Contents
- The existing point (c) of paragraph 2 is amended to include information on Article 7gc.
- - Summary of input received and use of results
- (a) The proposal to amend Directive 1999/62/EC contains the following elements:
- In paragraph 1 of Article 7ga, the second and fourth sub-paragraphs are respectively amended and deleted so as to:
- In paragraph 1, the third sub-paragraph is amended so as to:
Article 1(7)
New Annex VIII is linked to proposed Article 7gc, regarding the determination of the variation of road charges of vehicle combinations.
(b) The proposal to amend Directive (EU) 2019/5200 contains the following element:
Article 2
Annex I is amended to add trailer-related information to facilitate cross-border exchange of information on the failure to pay road fees in the Union.
(c) The proposal to amend Council Directive 1999/37/EC0 contains the following element:
Article 3
Annex I is amended to give the possibility to Member State to add the efficiency ratio of trailers and their trailer class to the vehicle registration certificate.