Explanatory Memorandum to COM(2021)559 - Deployment of alternative fuels infrastructure - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)559 - Deployment of alternative fuels infrastructure. |
|---|---|
| source | COM(2021)559  |
| date | 14-07-2021 |
1. CONTEXT OF THE PROPOSAL
This proposal concerns the creation of a new Regulation for the deployment of alternative fuels infrastructure. The new Regulation will repeal Directive 2014/94/EU of the European Parliament and of the Council on the deployment of alternative fuels infrastructure 1 .
1.1.Reasons for and objectives of the proposal
Mobility and transport are essential for everyone living in Europe and for the European economy as a whole. Free movement of people and goods across the internal borders of the European Union is a fundamental freedom of the EU and its single market. Mobility brings many socio‑economic benefits to the European public and businesses, but also has a growing impact on the environment, including in the form of increased greenhouse gas emissions and local air pollution, which affect human health and well-being.
In December 2019, the Commission adopted the European Green Deal communication 2 . The European Green Deal calls for a 90% reduction in greenhouse gas (GHG) emissions in transport. The aim is for the EU to become a climate-neutral economy by 2050, while also working towards a zero-pollution ambition. In September 2020, the Commission adopted its proposal for a European Climate Law to reduce net emissions of greenhouse gases by at least 55% by 2030 compared to 1990 and to put Europe on a responsible path to becoming climate-neutral by 2050 3 . The Stepping up Europe’s 2030 Climate Ambition communication 4 notes the relevance of a holistic approach to large-scale and local infrastructure planning and the need for an appropriate rollout of alternative fuels infrastructure to support the transition to a nearly zero-emission car fleet by 2050. On 21 April 2021, the Council and Parliament reached provisional political agreement on the European Climate Law.
In December 2020, the Commission adopted the Sustainable and Smart Mobility Strategy communication 5 ). The strategy lays the foundation for how the EU transport system can achieve this transformation and sets concrete milestones to keep the transport system’s journey towards a smart and sustainable future on track. The transport sector is still vastly reliant on fossil fuels. Boosting the uptake of zero- and low-emission vehicles, vessels and aeroplanes and of renewable and low-carbon fuels in all modes of transport is a priority objective in the quest to make all transport modes more sustainable.
The increased deployment and use of renewable and low-carbon fuels must go hand in hand with the creation of a comprehensive network of recharging and refuelling infrastructure based on a geographically fair manner to enable the widespread uptake of low- and zero-emission vehicles in all transport modes. In the passenger car markets particularly, the broad mass of consumers will only switch to zero- emission vehicles once they are sure they can recharge or refuel their vehicles anywhere in the EU and as easily as is currently the case for conventionally fuelled vehicles. It is important that no EU region or territory is left behind and that regional disparities in the deployment of the infrastructure for alternative fuels are well-addressed in the formulation and implementation of national policy frameworks.
Directive 2014/94/EU on the deployment of alternative fuels infrastructure (‘the Directive’) sets out a framework of common measures for the deployment of such infrastructure in the EU. It requires Member States to set up national policy frameworks to establish markets for alternative fuels and ensure that an appropriate number of publicly accessible recharging and refuelling points is put in place, particularly also to enable free cross-border circulation of such vehicles and vessels on the TEN-T network. In its recent report on the application of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, the Commission noted some progress in the Directive’s implementation 6 . However, the shortcomings of the current policy framework are also clearly visible: as there is no detailed and binding methodology for Member States to calculate targets and adopt measures, their level of ambition in target setting and supporting policies in place varies greatly. A comprehensive and complete network of alternative fuels infrastructure does not exist across the EU, the report concludes. Likewise, the European Court of Auditors noted in its special report on recharging infrastructure that obstacles to travelling across the EU in electric vehicles remain and that the deployment of recharging infrastructure in the Union needs to accelerate 7 .
The Commission carried out an ex post evaluation of this Directive 8 . The evaluation found that the Directive is not well-adapted to the purpose of serving the increased climate ambition for 2030. The main problems include that Member States’ infrastructure planning on average lacks the level of ambition, consistency and coherence needed, leading to insufficient, unevenly distributed infrastructure. Further interoperability issues with physical connections persist, while new issues have emerged over communication standards, including data exchange among the different actors in the electro-mobility ecosystem. Finally, there is a lack of transparent consumer information and common payment systems, which limits user acceptance. Without further EU action, this lack of interoperable, easy-to use recharging and refuelling infrastructure is likely to become a barrier to the needed market growth of low- and zero-emission vehicles, vessels and – in the future – aircraft.
This proposal is part of the overall set of interlinked policy initiatives under the ‘Fit for 55’ package. These policy initiatives correspond to the actions needed across all sectors of the economy to complement national efforts to achieve the increased climate ambition for 2030, as described in the Commission’s 2021 work programme 9 .
This initiative seeks to ensure the availability and usability of a dense, widespread network of alternative fuels infrastructure throughout the EU. All users of alternative fuel vehicles (including vessels and aircraft) need to be able to move through the EU at ease, enabled by key infrastructure such as motorways, ports and airports. The specific objectives are: (i) ensuring minimum infrastructure to support the required uptake of alternative fuel vehicles across all transport modes and in all Member States to meet the EU’s climate objectives; (ii) ensuring the infrastructure’s full interoperability; and (iii) ensuring full user information and adequate payment options.
Meeting the European Green Deal goal on the reduction of greenhouse gas emissions from transport and developing a common EU transport market require full connectivity and a seamless user experience along the European transport network for low- and zero-emission vehicles, vessels and aircraft. This in turn requires sufficient quantity and full interoperability of infrastructure across borders. Only a common European legislative framework can reach these objectives. This initiative will contribute to coherent and consistent development and rollout of vehicle fleets, recharging and refuelling infrastructure and user information and services.
1.2.Consistency with existing policy provisions in the policy area
This initiative is consistent with the other policy initiatives of the ‘Fit for 55’ package. This initiative complements in particular: (i) the regulations setting CO2 emission performance standards for new passenger cars and new light commercial vehicles 10 and heavy-duty vehicles 11 ; and (ii) the legislative proposal for setting new CO2 emission performance standards for new cars and new light commercial vehicles post-2020, also part of the ‘Fit for 55’ package 12 . The CO2 emission performance standards provide a strong push for deployment of zero- and low-emission vehicles, thus also creating demand for alternative fuels infrastructure. This initiative will enable this transition by ensuring that sufficient publicly available recharging and refuelling infrastructure is in place for light- and heavy-duty road transport vehicles.
This initiative also acts in strong synergy with the revision of the Renewable Energy Directive 13 , the Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport (RefuelEU Aviation initiative) 14 and the proposal for a Regulation of the European Parliament and of the Council on the use of renewable and low-carbon-fuels in maritime transport (FuelEU Maritime initiative) 15 , which set obligations on the supply of, and demand for, renewable and low-carbon transport fuels. Each of those instruments promotes an increase in the supply or demand of sustainable alternative fuels in one or more transport modes.
For waterborne transport, this initiative delivers on the clear requirement of the European Green Deal to oblige docked ships to use shore-side electricity. It is fully complementary to Fuel EU maritime initiative by ensuring that sufficient shore-side electricity supply is installed in ports to provide electricity while passenger ships (including ro-ro passenger ships, high speed passenger craft and cruise ships) and container vessels are at berth and accommodating the demand for decarbonised gases (i.e. bio-LNG and synthetic gaseous fuels (e-gas). For the case of passenger ships, the different ship categories vary in their power demand characteristics while at berth, which leads to different investment needs at port. This needs to be combined with the different operational characteristics of ports, including layouts and terminals. For this reason a further distinction is made on passenger ships compared to the FuelEU maritime initiative in identifying two categories, that of ro-ro passenger ships and high speed passenger vessels, and that of other passenger ships, notably cruise ships. Together with the FuelEU maritime initiative it therefore contributes to overcoming the current “chicken-and-egg” issue, which has meant that the very low demand for ship operators to connect to the electric grid while at berth has made it less attractive for ports to invest in short-side electricity. Limited introduction of On-shore power supply OPS in ports risks disturbing the level playing between ports, in particular for early investors, as not OPS equipped vessels could shift their traffic. It is therefore important that minimum requirements be set for maritime ports across the whole TEN-T network.
The initiative is also complementary to the ReFuelEU aviation initiative. It supplements that initiative’s push for sustainable aviation fuels that largely do not require a distinct refuelling infrastructure with provisions for electricity supply for all stationary aircraft and thus supporting the decarbonisation of the aviation sector.
Next to the legislative proposal, the Commission will address the need for additional research and innovation (R&I) activities, in particular through the co-programmed Zero Emissions Waterborne Transport partnership proposed by the Waterborne Technology Platform under Horizon Europe, the Clan Sky 2 Joint Undertaking and the Clean Hydrogen Joint Undertaking which works in synergy with these two transport partnerships.
This initiative is also consistent with the revision of the Renewable Energy Directive. It seeks to ensure that lack of recharging and refuelling infrastructure does not hamper the overall ramp-up of renewable and low-carbon fuels in the transport sector, where they require distinct infrastructure. At Union level, there is no policy instrument equivalent to the Directive on the deployment of alternative fuels infrastructure able to ensure deployment of publicly accessible recharging and refuelling infrastructure across all modes of transport in a similar manner. This initiative is also closely linked to the upcoming proposal to revise the Regulation on the Guidelines for the Trans-European Transport Network 16 . The planned revision of that Regulation will build upon and complement the alternative fuels infrastructure already deployed through individual projects on the TEN-T network corridors. By consistently cross-referencing the provisions of this initiative, the revision of the Regulation will ensure sufficient coverage on the TEN-T core and comprehensive network.
By ensuring that the necessary infrastructure for zero- and low-emission vehicles and vessels is in place, this initiative will also complement a set of other policy initiatives under the ‘Fit for 55’ package that stimulate demand for such vehicles by setting price signals that incorporate the climate and environmental externalities of fossil fuels; such initiatives include the revision of the Emissions Trading System 17 , and the revision of the EU Energy Taxation Directive 18 .
1.3.Consistency with other Union policies
This initiative needs to work in synergy with the Energy Performance of Buildings Directive 19 (EPBD), which addresses private recharging infrastructure by stipulating requirements for rollout of recharging infrastructure in buildings. The relationship between public and private recharging infrastructure has been thoroughly addressed in the impact assessment supporting this policy initiative.
By ensuring that the necessary infrastructure for zero- and low-emission vehicles and vessels is in place, this initiative will also complement policy efforts on road charging, which are also intended to stimulate demand for such vehicles. The aim here is to better incorporate the climate and environmental externalities of fossil fuels, as intended by the Eurovignette Directive 20 , currently also under revision.
Another policy instrument aimed at accelerating the deployment of low- and zero-emission vehicles is the Clean Vehicles Directive 21 . A broader availability of infrastructure and a faster rollout of zero- and low- emission vehicles will indirectly facilitate the deployment of clean vehicles in public fleets. However, public fleets (bus fleets especially) typically rely on their own recharging and refuelling points rather than on publicly accessible infrastructure. Interaction with the Directive is mainly through standardisation to ensure interoperability.
Deploying more hydrogen and battery electric vehicles in the EU fleet is also an important part of the Commission’s hydrogen strategy 22 and strategy for smart energy system integration 23 ; insufficient availability of the corresponding infrastructure for vehicles would risk jeopardising these ambitions.
By facilitating the deployment of growing numbers of zero- and low-emission vehicles, this initiative also contributes to the zero-pollution ambition in the European Green Deal, complementing the Euro 6 (for cars and vans) 24 and Euro VI (for buses and lorries) 25 pollutant emission standards, that set emission limits for all vehicles.
Finally, this initiative works in conjunction with the Intelligent Transport Systems Directive 26 , for which the Commission intends to present a proposal for review later this year, and its delegated acts, in particular the Delegated Regulation on Union-wide real-time traffic information services 27 . The fast-evolving data environment for alternative fuels requires this initiative to specify the relevant data types to be made available, in synergy with the general framework established in the Intelligent Transport Systems Directive.
Horizon Europe is the EU’s key funding programme for research and innovation 28 . It tackles climate change, helps to achieve the UN’s Sustainable Development Goals and boosts the EU’s competitiveness and growth. Cluster 5: Climate, Energy and Mobility aims to fight climate change by making the energy and transport sectors more climate and environment-friendly, more efficient and competitive, smarter, safer and more resilient. European research and innovation can drive, navigate and accelerate the transformative Green Deal agenda, by setting the direction, testing and demonstrating solutions, addressing trade-offs, and ensuring that policy is coherent, innovation friendly, and evidence-informed. The partnerships on Zero-emission Road Transport (2Zero), on Connected, Cooperative and Automated Mobility (CCAM), on the European Industrial Battery Value Chain (Batt4EU), on Clean Hydrogen, on Clean Energy Transition and on Driving Urban Transitions to a Sustainable Future will play a key role in delivering a climate-neutral and environmentally friendly mobility. The Horizon Europe Mission on climate-neutral and smart cities 29 aims to support, promote and showcase 100 European cities in their systemic transformation towards climate neutrality by 2030.
Cohesion policy will play a central role in helping all regions in their transition towards a greener, climate neutral Europe. The European Regional Development Fund and the Cohesion Fund are available to support investment in innovation and deployment, in particular in the less developed Member States and regions. Cohesion policy will offer support to a sustainable, smart and resilient transport system, covering all transport modes and all levels of the transport system in line with the specific requirements and priorities identified in the national and regional programmes.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
2.1.Legal basis
To ensure the correct functioning of the internal market, the Treaty on the Functioning of the European Union (TFEU) establishes the Union’s prerogative to lay down provisions for the common transport policy, Title VI (Articles 90-91), and for the trans-European networks, Title XVI (Articles 170-171). With this legal framework in mind, Union action enables better coordination for the even and widespread deployment of alternative fuels infrastructure, instead of relying on Member States only. This facilitates travel across the Union in alternative fuel vehicles for both personal users and businesses. It also helps prevent a lack of, or patchy deployment of, alternative fuels infrastructure from becoming a potential barrier to the completion of the internal market and from discouraging the automotive industry’s production of zero- and low-emission vehicles.
Meeting the European Green Deal’s transport emission reduction objectives (as corroborated by the sustainable and smart mobility strategy) requires a substantial increase in zero- and low-emission vehicles and vessels. This will not take place without the deployment of a coherent and complete network of fully interoperable alternative fuels infrastructure making it possible to travel across the Union in an alternative fuel vehicle. As noted when the current Directive was adopted, such a network cannot be adequately developed by Member States individually; instead, Union intervention is required.
2.2.Subsidiarity (for non-exclusive competence)
The Union added value of this intervention in terms of effectiveness, efficiency and synergies is underlined in the evaluation of the current Directive, in conjunction with the assessment of national implementation reports submitted by Member States. The evaluation showed that developing a common EU framework has to some extent helped avoid fragmentation. Such a framework has supported the development of national policies to develop alternative fuels infrastructure in all Member States and has supported the creation of a more level playing field within the industry. By encouraging interoperability, relevant technical standards and setting of targets on similar timescales, Union-level action has provided some cost savings and better value for money by facilitating economies of scale, avoiding duplication of effort and resources, and providing funding investments for infrastructure. The Directive’s implementation (and its supporting activities) have facilitated cooperation and information exchange on alternative fuels between the relevant industry and public actors. Without the Directive, such cooperation would likely not exist.
Without Union intervention, it would be very unlikely that a coherent and complete network of fully interoperable alternative fuels infrastructure would develop across all Member States, thus ensuring that it is possible to travel across the Union in an alternative fuel vehicle. This in turn is a prerequisite for the uptake of such vehicles across the Union, which is vitally important for the EU to meet its 2030 increased climate ambition.
2.3.Proportionality
In accordance with the principle of proportionality, this proposal does not go beyond what is necessary to achieve the objectives set. All measures are considered to be proportionate in terms of their impacts, as demonstrated in the impact assessment that accompanies this initiative 30 . The proposed intervention sets more binding requirements on Member States to ensure the uptake of sufficient publicly accessible infrastructure for recharging and refuelling of alternative fuels vehicles in the Union. This is necessary for the EU to deliver on the increased climate and energy ambition for 2030 and meet the overall objective of reaching climate neutrality by 2050, an objective reflected in, among others, the CO2 standards for cars and vans and the cross‑border connectivity for such vehicles in the TEN-T core and comprehensive network.
The experience of implementing the current Directive shows the need for this revised intervention. Implementation of the current Directive is leading to uneven rollout of infrastructure in Member States, not adding up to the dense, widely needed network of alternative fuels infrastructure that is needed. This has been fully demonstrated in the Commission report to the European Parliament and Council on the application of the Directive 2014/94/EU on deployment of alternative fuels infrastructure 31 and in the impact assessment supporting the current initiative. The nature and scope of the problem is similar across Member States and there is evidence of the need and value added of ensuring cross‑border connectivity for alternative fuels vehicles in the Union, which duly justifies Union action.
This initiative creates a stable and transparent policy framework to help create open and competitive markets, thus stimulating investment in recharging and refuelling infrastructure in all modes of transport. It establishes a common minimum on which markets can build and start to deliver further infrastructure in response to vehicle demand from markets, based on a clear and transparent target mechanism that applies throughout the Union.
2.4.Choice of the instrument
While the Impact Assessment resulted in a Directive as the preferred policy option, the Commission made the choice to propose a Regulation. The choice of a Regulation ensures a rapid and coherent development towards a dense, widely-spread network of fully interoperable recharging infrastructure in all Member States. The decision is particularly justified in view of the needed swift and coherent implementation of the national fleet-based minimum deployment targets set at Member State level and the mandatory distance-based targets along the TEN-T network, as the first proposed targets would have to be reached by 2025 already. With this timescale, building up a sufficiently dense, wide-spread network of recharging and refuelling infrastructure for zero- and low-emission vehicles throughout the Union at the same pace and under the same conditions is now of strong relevance to support the highly necessary accelerated market uptake of zero- and low-emission vehicles. This requires already in the years before 2025, the design and development of Member State plans and measures to deliver on the targets. A new Regulation establishes clearly binding and directly applicable obligations for Member States at national level, and ensuring their EU-wide coherent and timely application and implementation at the same time. It avoids the risk of delays and inconsistencies in national transposition processes, thus also creating a clear level-playing field for markets, which will help the Union-wide roll-out of recharging and refuelling infrastructure. The Regulation will establish a more robust governance mechanism that tracks Member State progress in achieving the targets and that enables Member States to set the right incentives so that competitive recharging markets can develop. Clear timelines for the design and development of Member States’ national policy frameworks to achieve the targets, robust monitoring and reporting mechanisms, as well as provisions for corrective measures by Member States can enable efficient overall monitoring and steering of efforts in Member States to achieve the targets. This initiative guarantees such an approach.
3. RESULTSOFEX POSTEVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
3.1.Ex post evaluations/fitness checks of existing legislation
A ‘REFIT’ ex post evaluation showed that the Directive has supported the development of policies and measures for the rollout of alternative fuels infrastructure in Member States, particularly through the requirement to develop national policy frameworks (NPFs) 32 .
However, shortcomings in the current policy framework have also been pointed out in the evaluation. Moreover, the Directive’s key objective, namely to ensure coherent market development in the EU, has not been met. Shortcomings arise in particular in the following three areas: (i) the lack of a complete network of infrastructure allowing seamless travel across the EU; (ii) the need for further common technical specifications to ensure interoperability in light of emerging technologies; and (iii) the lack of full user information, uniform and easy-to-use payment methods and full price transparency across the Union.
The evaluation concluded that 6 years after the Directive’s adoption, the overall European market for alternative fuels infrastructure is still in a rather early development phase, though markets are maturing in some parts of the EU. Given the overall relevance of ensuring sufficient infrastructure to support the needed uptake of vehicles and vessels in light of the increased climate ambition for 2030, the evaluation of the Directive recommended retaining the legislation but revising it.
3.2.Stakeholder consultations
As part of the impact assessment, stakeholders were consulted in different formats.
A public consultation on the inception impact assessment (IIA) 33 for this initiative, running from 6 April to 4 May 2020. The Commission received 86 responses, mostly (61) from companies and business associations. NGOs and citizens also replied to the IIA, as did one network of cities.
An open public consultation organised by the Commission, running from 6 April 2020 to 29 June 2020. The consultation invited all members of the public and organisations to provide input on both the evaluation and the impact assessment 34 . In total, 324 responses were received.
Targeted stakeholder interviews and surveys between October 2020 and January 2021: the Commission held exploratory interviews with EU-level representatives of key stakeholders, particularly to support and refine the overall problem definition and possible policy options. Further interviews were conducted and an online survey was distributed among relevant stakeholders representing public authorities and other public bodies (national, regional and local authorities, EU bodies), industry representatives (including relevant associations), and members of civil society (NGOs, consumer groups).
A targeted stakeholder consultation, organised by the consultant in charge of the external support study to the impact assessment, running from December 2020 to February 2021. The consultation included targeted surveys among key stakeholders and targeted interviews and data requests to fill specific information requests, particularly to support the development of a methodology to determine sufficient infrastructure deployment and to support the assessment of impacts of possible policy measures.
3.3.Collection and use of expertise
In preparing this initiative, the Commission used the findings of the ex post evaluation of the Directive 35 . Stakeholders provided a lot of information in the consultation activities, supplemented by information they supplied to the Commission on an ad hoc basis. The impact assessment relies to a considerable extent on an accompanying external support study carried out by a consultant 36 . The Commission also drew on a broad consultation with the Sustainable Transport Forum, the Commission’s expert group on alternative fuels. The consultation with the Sustainable Transport Forum ran from October 2018 to November 2019, focusing on problems and future policy needs in the field of alternative fuels infrastructure 37 . Overall, the sources used to draft the impact assessment report were numerous, largely exhaustive and representative of the various stakeholder groups.
3.4.Impact assessment
The Regulatory Scrutiny Board received the draft version of the impact assessment report on 7 April 2021 and issued a positive opinion on 7 May 2021. The Board considered that the report could be further improved by: (a) better describing the difference between the options and how they link to the identified problems; and (b) nuancing the report to clarify whether the expected impacts stem from this specific initiative or from other policies, or from a combination of the two’.
The final impact assessment report includes a comprehensive description and assessment of the initiative’s value added and its links with other policy initiatives. These can be found in Sections 1.3, 3.3 and 8.1 of the assessment report. A detailed description of the policy options is included in Section 5, while a comprehensive analysis of the impacts of all options is presented in Section 6. The analysed policy options can be summarised as follows:
–Policy option 1: substantive changes to the Directive. The national target setting and reporting under the national policy framework would remain an important pillar, strengthened by mandatory fleet-based targets for electric recharging points for light-duty vehicles (LDVs). For heavy-duty vehicles (HDVs), mandatory distance-based targets would be introduced along the TEN-T network for electric recharging points and hydrogen refuelling points, including limited provisions for hydrogen refuelling in urban nodes. Mandatory targets would also be introduced for stationary aircraft and shore-side electricity supply in maritime and inland waterway ports. In addition, some quality aspects of the infrastructure would be addressed to improve interoperability and user information.
–Policy option 2: more substantive changes to the Directive than in option 1. In addition to the mandatory fleet-based targets for electric recharging points for LDVs, distance-based targets would be set for all road vehicles infrastructure for the TEN-T network, including for urban nodes for heavy-duty vehicle infrastructure. This option would also include more detailed provisions for ports and airports on the TEN-T network and greater harmonisation on payment options, physical and communication standards and consumers’ rights while charging. It would strengthen provisions on price transparency and other user information, including physical signposting of recharging and refuelling infrastructure.
–Policy option 3: changing the Directive to a Regulation (thus going furthest in terms of binding legal instruments). In addition to the mandatory fleet-based and distance-based targets under option 2, this option would add further location-based targets for electric LDVs and add further targets for HDVs. The option would also add considerable ambition for ports infrastructure, and make mandatory terminal payment at new fast-chargers the sole payment option.
Because it strikes the best balance between the achieved objectives and the implementation cost, option 2 was identified as the best policy option. However, policy option 2 lends itself as well to a Regulation, with an accelerated impact on the implementation of provisions in this case. The impact assessment includes a detailed description of the regulatory measures included under the different policy options.
3.5.Regulatory fitness and simplification
Much greater policy ambition for the supply of sufficient and fully interoperable recharging and refuelling infrastructure is necessary to support the needed market take-up of zero- and low-emission vehicles, in line with the overall policy ambition of the ‘Fit for 55’ package and its related policy initiatives. Regulatory fitness is achieved by setting out necessary minimum requirements for public authorities and market actors. The related higher cost to public authorities for supporting infrastructure rollout, particularly in parts of the transport network where demand is low, have to be seen against the backdrop of significantly increased user demand and large-scale opportunities for market growth. The review of policies under the ‘Fit for 55’ policy package will enable the market take-up of zero-emission vehicles and the servicing of vessels equipped with shore-side electricity supply. The impact assessment provides a detailed analysis of costs and benefits, including a summary in Annex 3.
While the review increases the overall policy ambition, it does also include some important simplification aspects. This simplification primarily affects charge point operators and mobility service providers. Setting clear and common minimum requirements will simplify their business operations, as they will face similar minimum requirements in all Member States. Such requirements will simplify the use of the infrastructure by private and corporate consumers (who currently face a plethora of use approaches) and enable better business service innovation. Consumer trust in the robustness of a Pan-EU network of recharging and refuelling infrastructure will increase, which will support the overall profitability of recharging and refuelling points and support a stable business case. All market actors and user groups will benefit from lower information costs and, in the case of market actors, lower legal compliance costs in the medium term, as the requirements for infrastructure provisioning under the Regulation will be better harmonised. Public authorities can also benefit from a coherent EU-wide framework that will simplify coordination with public and private market actors.
The impact assessment did not identify any area where this initiative’s planned provisions would create a significant and disproportionate cost for SMEs, in comparison to all enterprises. This initiative creates long-term market certainty for investment in recharging and refuelling infrastructure and lays down the foundation for the development of an open data ecosystem that enterprises can use to develop new market services, which will benefit innovative SMEs. The initiative has an overall positive impact on the competitiveness of enterprises that install and operate recharging and refuelling infrastructure, as well as on the competitiveness of the automotive sector itself. This is because the provision of sufficient infrastructure has an impact on the market uptake of zero-emission vehicles, which is a key aspect of the automotive sector’s future competitiveness, as explained in detail in the impact assessment underpinning the proposal for the revision of CO2 standards for cars and vans 38 .
3.6.Fundamental rights
The proposal has no impact on fundamental rights.
4. BUDGETARY IMPLICATIONS
The proposal has no impact on the European Union budget.
5. OTHER ELEMENTS
5.1.Implementation plans and monitoring, evaluation and reporting arrangements
The revised Regulation’s implementation will be monitored using indicators for the physical rollout of recharging and refuelling infrastructure in the EU. Well-established monitoring instruments will be used to follow deployment.
Member States will have to adopt a revised national policy framework to develop the market for alternative fuels in the transport sector and deploy the relevant infrastructure in line with the proposed strengthened provisions. This will enable the Member States to report to the Commission on implementation in a coherent and consistent manner. Data provision to the Member States’ national and common access points will follow commonly agreed data quality standards 39 . In addition, the European Alternative Fuels Observatory will be upgraded and continue to gather and frequently update vehicle uptake and infrastructure deployment in all Member States 40 . The Commission will also continue to work together with its expert group, the Sustainable Transport Forum (and dedicated subgroups), to monitor market developments and identify related policy needs.
A full review of the Regulation is scheduled for the end of 2026 to identify any possible shortcomings and identify future needs for legislative action on emerging technologies. For an overview of operational objectives, indicators and data sources, see Annex 9 to the staff working document on the impact assessment accompanying this initiative.
5.2.Detailed explanation of the specific provisions of the proposal
Contents
This proposal sets up a new Regulation repealing the current Directive 2014/94/EU on the deployment of alternative fuels infrastructure. The structure of the new Regulation is as follows:
–Article 1 defines the subject matter of the Regulation, making specific, but no substantive, changes to the subject matter of the current Directive.
–Article 2 sets out a list of definitions, building on the list of definitions of the current Directive, and extending those where necessary and as appropriate in view of the overall changes in the scope and provisions of the new Regulation.
–Articles 3-12 contain provisions for the rollout of certain recharging and refuelling infrastructure for light- and heavy-duty road transport vehicles, vessels and aircraft.
–Articles 3 and 4 contain provisions for Member States to ensure minimum coverage of publicly accessible recharging points dedicated to light- and heavy-duty road transport vehicles on their territory, including on the TEN-T core and comprehensive network.
–Article 5 provides further provisions for ensuring user-friendliness of recharging infrastructure. This includes provisions on payment options, price transparency and consumer information, non-discriminatory practices, smart recharging, and signposting rules for electricity supply to recharging points.
–Article 6 contains provisions for Member States to ensure minimum coverage of publicly accessible refuelling points for hydrogen dedicated to heavy- and light-duty vehicles on the TEN-T core and comprehensive network.
–Article 7 provides further provisions for ensuring user-friendliness of refuelling infrastructure for hydrogen, including through minimum requirements on payment options, price transparency and contractual choice.
–Article 8 contains provisions for Member States to ensure until 1 January 2025 minimum coverage of publicly accessible refuelling points for liquefied natural gas dedicated to heavy-duty vehicles on the TEN-T core and comprehensive network.
–Articles 9 and 10 set out provisions for Member States to ensure installation of a minimum shore-side electricity supply for certain seagoing ships in maritime ports and for inland waterway vessels. The articles also define further the criteria for exempting certain ports and set requirements to ensure a minimum shore-side electricity supply.
–Article 11 requires Member States to ensure an appropriate number of LNG refuelling points in maritime TEN-T ports and to identify relevant ports through their national policy frameworks.
–Article 12 concerns minimum provisions for electricity supply to all stationary aircraft in TEN-T core and comprehensive network airports.
–Article 13 reformulates provisions for Member States’ national policy frameworks. It makes provision for an iterative process between Member States and the Commission to develop concise planning to deploy infrastructure and meet the targets as laid down in the Regulation. It also includes new provisions on formulating a strategy for the deployment of alternative fuels in other modes of transport together with key sectoral and regional/local stakeholders. This would apply where the Regulation does not set mandatory requirements, but where emerging policy needs connected to the development of alternative fuel technologies need consideration.
–Article 14, 15 and 16 set out the governance approach. This includes reporting obligations corresponding to provisions for Member States on national policy frameworks and national progress reports in an interactive process with the Commission. It also sets requirements for the Commission to report on Member States’ national policy frameworks and progress reports.
–Article 17 covers user information requirements in the form of fuel labels and information requirements on fuel price comparison.
–Article 18 sets up data provision requirements for operators or owners of publicly accessible recharging or refuelling points on the availability and accessibility of certain static and dynamic data types, including the establishing of an identification registration organisation (IDRO) for the issuing of ID codes. This article also empowers the Commission to adopt further delegated acts to specify further elements as required.
–Article 19 specifies provisions for common technical specifications, complementing the existing common technical specifications with a set of new areas for which the Commission will be entitled to adopt new delegated acts. These will build, as deemed necessary, on standards developed by the European standardisation organisations (ESOs).
–Article 20 concerns the use of delegations as regards the provisions on data provision and common technical specifications.
–Article 21 concerns the continuation of the committee procedure under the new Regulation.
–Articles 22, 23 and 24 specify the conditions for review and entry into force of this Regulation.
–Annex I includes detailed provisions on national reporting by Member States, ensuring consistent and comparable reporting to support the implementation of this Regulation.
–Annex II concerns the listing of areas where common technical specifications under this Regulation apply to the internal market or will need be adopted under this Regulation by means of delegated acts in areas where new technology developments require the setting of common technical specifications.
–Annex III specifies requirements for Member States that will categorise their reporting on deployment of electric vehicles and recharging infrastructure.
–Annex IV contains the correlation table.