Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 4 Oct 2022
on the proposal for a regulation of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU of the European Parliament and of the Council
+5 added · −45 removed · 13 changed paragraphs, packaging included.
Part 2 of 6: Paragraphs 61–120
28 unchanged paragraphs
Recital 32 a (new): (32 a) Member States should take all necessary steps to ensure sufficient frequency conversion, power reserve and that the electricity grid is sufficiently extended, in connectivity and capacity, to ensure that enough shore-side electricity supply is provided to meet the power demands resulting from the provision of shore-side electricity in ports, as required in this Regulation. To ensure continuity, Member States should upgrade and maintain the grid so that it is able to handle present and future increased demand of shore-side electricity services in ports. In case it is impossible to supply sufficient shore-side electricity due to weak capacity in the local grid connecting to the port, this should be rectified by the Member State and not be considered as a failure by the port nor of the ship owner or operator to comply with the requirements of this Regulation, as long as the insufficient local grid capacity is duly attested by the grid manager.
Recital 32 b (new): (32 b) The development and deployment of alternative fuels for the maritime sector requires a coordinated approach to match supply and demand and avoid stranded assets. Therefore, all relevant public and private actors should be involved in the roll-out of alternative fuels and notably of shore-side electricity, including but not limited to relevant authorities at local, regional and national level, port authorities, terminal operators, grid operators, onshore power supply operators, ship-owners and other relevant maritime market actors.
Recital 32 c (new): (32 c) In order to ensure a coherent legislative framework for the use and deployment of alternative fuels, this Regulation should be aligned with Regulation XXXX-XXX [FuelEU Maritime] and Directive 2003/96/EC [Energy Taxation Directive]. This alignment should ensure that the provisions on onshore power supply in ports is accompanied by rules mandating the use of shore-side electricity by ships and by rules incentivising its use through a tax exemption.
Recital 32 d (new): (32 d) The prioritisation of certain segments of shipping for the provision and use of shore-side electricity to lower emissions at berth should not exempt other segments from contributing to the climate and zero pollution goals. Therefore, as part of the review of this Regulation, the Commission should assess extending the provisions relating to minimum shore-side electricity supply in TEN-T core and comprehensive maritime ports to include also smaller ships and additional ship types. The Commission should in particular consider the availability of relevant data, the potential reduction in greenhouse gas emissions and air pollution, the technological development and the effectiveness of a widening of the scope in terms of climate and health benefits, the scale of administrative burden as well as financial and social consequences thereof. In addition, the Commission should assess extending the provisions to allow for infrastructure that would supply shore-side electricity to vessels at anchorage within a port area;
Recital 32 e (new): (32 e) It is important to avoid stranded assets and make sure that the public and private investments that are made today are future proof and contributing to the climate neutral pathway as set out by the European Green Deal. The deployment of shore-side electricity in maritime ports has to be seen together with the current and future deployment of equivalent alternative zero-greenhouse gas emission and zero-pollutants technologies, in particular those technologies that deliver emission and pollutants reductions both at berth and during navigation.
Recital 34: (34) These targets should take into account the types of vessels served and their respective traffic volumes. Maritime ports with low traffic volumes of certain ship categories, should be exempted from the mandatory requirements for the corresponding ship categories based on a minimum level of traffic volume, so as to avoid underused capacity being installed. Similarly, the mandatory targets should not aim to target maximum demand, but a sufficiently high volume, in order to avoid underused capacity and to take account of port operational characteristics. Maritime transport is an important link for the cohesion and economic development of islands in the Union, as well as of the outermost regions, for which maritime transport is used for the purposes of tourism activities. Their energy production capacity may not always be sufficient to account for the power demand required to support the provision of shore-side electricity supply. In such a case these territories should be exempted from this requirement unless and until such an electrical connection with the mainland has been completed or there is a sufficient locally generated capacity from clean energy sources.
Recital 35: (35) A core network of refuelling points for LNG, hydrogen and ammonia at maritime ports should be available by 2025. The deployment of LNG infrastructure, due to the fuel´s transitional role, should be driven by market demand, to avoid stranded assets and underused capacity. Refuelling points for LNG include LNG terminals, tanks, mobile containers, bunker vessels and barges.
Recital 36: (36) Electricity supply to stationary aircraft at airports should replace the consumption of liquid fuel with a cleaner power source by aircraft (use of Auxiliary Power Unit) or ground power units (GPUs). Therefore, all commercial transport operations covered under the scope of this Regulation should make use of external electricity supply while parked at gates or at outfield positions at airports. Additionally, in order for commercial passenger aircraft to completely turn off their engines while parked, pre-conditioned air (PCA) systems in in TEN-T core airports should be taken into account. This would reduce pollutant and noise emissions, improve air quality and reduce the impact on climate change. Therefore, all commercial transport operation should be able to make use of external electricity supply and pre-conditioned air systems while parked at gates or at outfield positions at TEN-T airports.
Recital 37: (37) In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that those objectives would be met. Both the assessment of the national policy framework and the evaluation of Directive 2014/94/EU have highlighted the need for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, fossil fuels should be phased out and sustainable alternatives will be needed in all transport modes to meet the ambitions of the European Green Deal and the Union climate objectives. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for publicly accessible recharging and refuelling infrastructure as expressed in the mandatory targets is going to be met by the Member States. The national policy frameworks should be based on territorial analysis, identifying the different needs and taking into account, when relevant, existing regional and local deployment plans of recharging and refuelling infrastructure. Attention should be paid to rural areas in order to ensure full accessibility to such infrastructure. Furthermore, the revised frameworks should equally address all transport modes including those for which no mandatory deployment targets exists.
Recital 38: (38) The revised national policy frameworks should be aligned with the Union climate objectives and include detailed market and traffic shares, especially for transit traffic, data monitoring and evaluation on a frequent basis, providing for market projections and supporting actions for the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of ensuring a socially just transition and of small and medium-sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved. The revised national policy frameworks should take into utmost account the 'energy efficiency first' principle. Member States should consider the recently released Recommendation and Guidelines on the implementation of the principle, which explain how planning, policy and investment decisions can reduce energy consumption in a number of key sectors, including transport.
Recital 39: (39) The development and implementation of the revised national policy frameworks of the Member States should be facilitated by the Commission by means of exchanges of information and best practices between the Member States and regional and local authorities.
Recital 40: (40) In order to promote alternative fuels and develop the relevant infrastructure, the national policy frameworks should consist of detailed strategies to promote alternative fuels in sectors that are difficult to decarbonise, such as aviation, maritime transport and inland waterway transport, as well as rail transport on network segments that cannot be electrified. In particular, Member States should develop clear strategies for the decarbonisation of inland waterway transport along the TEN-T network in close cooperation with those Member States concerned. Long term decarbonisation strategies should also be developed for TEN-T ports and TEN-T airports, in particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft as well as for railway lines that are not going to be electrified. On the basis of those strategies, and taking into consideration the national market and traffic share data and market projections, the Commission should review this Regulation with a view to setting more mandatory targets for those sectors.
Recital 40 a (new): (40 a) While only around only 56% of the existing European rail network is electrified, electricity-powered trains make up more than 80 % of total travelled train-kilometres. However, there are still an estimated 6,000 diesel trains in service today. Since they are dependent on fossil fuels, they generate greenhouse gas emissions and air pollution. The further deployment of alternative fuels infrastructure in the rail sector is therefore necessary and urgent to ensure a shift away from fossil fuel powered trains, and thereby to ensure that all transport sectors play their role in shifting towards a climate neutral economy. Consequently, it is appropriate for this Regulation to lay down concrete targets are proposed under this Regulation. Different technologies are available to the rail sector to shift away from diesel trains, including direct electrification, battery powered trains and hydrogen applications, where direct electrification of a segment is not possible for reasons of cost-efficiency of the service. The development of these technologies requires the deployment of suitable recharging and refuelling infrastructure in Member States. Before their deployment, Member States should carefully assess the best locations for such infrastructure, and should, in particular, consider deployment in multimodal hubs and urban nodes. The ‘energy efficiency first’ principle should be fully taken into account in planning and investment decisions.
Recital 41: (41) Member States should make use of a wide range of market-based and regulatory incentives and measures to reach the mandatory targets and implement their national policy frameworks, in close cooperation with regional and local authorities, as well as private sector actors, who should play a key role in supporting and financing the development of alternative fuels infrastructure.
Recital 41 b (new): (41 b) Member States should introduce incentive schemes and should take all necessary measures when seeking to promote sustainable modes of transport. Particular emphasis should be placed on the role of municipal or regional authorities, which can facilitate the uptake of vehicles using alternative fuels through dedicated tax incentives, public procurements or local traffic regulations.
Recital 42: (42) Pursuant to Directive 2009/33/EC of the European Parliament and of the Council58 , minimum national shares of public procurement are reserved for clean and zero-emission buses, where a clean bus uses alternative fuels as defined in Article 2, point (3) of this Regulation. With ever more public transport authorities and operators switching to clean and zero-emission buses in order to reach those targets, Member States should include the targeted promotion and development of the necessary bus infrastructure as a key element in their National Policy Frameworks. Member States should establish and maintain appropriate instruments to promote the deployment of charging and refuelling infrastructure also for captive fleets, in particular for zero-emission buses, coaches and for car sharing along roads and should be able to count such deployment towards the targets set out in this Regulation.
Recital 43: (43) In light of the increasing diversity in the type of fuels for motorised vehicles coupled with on-going growth in the road mobility of citizens across the Union, it is necessary to provide vehicle users with clear and easy-to-understand information on the fuels available at refuelling stations and on the compatibility of their vehicle with different fuels or recharging points on the Union market. Member States should be able to decide to implement such information measures also in respect of vehicles previously placed on the market.
Recital 44: (44) Simple and easy-to-compare information on the prices of different fuels could play an important role in enabling vehicle users to better evaluate the relative cost of individual fuels available on the market. Therefore, a unit price comparison of certain alternative fuels and conventional fuels, expressed as ‘fuel price per 100km’ should be displayed for information purposes at all relevant fuel stations. It should be made clear to consumers that this price comparison concerns the average fuel prices in the Member State, which may differ from the actual prices charged at the fuel station in question. Moreover, for ad hoc recharging of electricity and refuelling of hydrogen, the price charged at the station in question should also be provided per kWh and per kg, respectively.
Recital 46: (46) Data should play a fundamental role in the adequate functioning of recharging and refuelling infrastructure. The format, the frequency and the quality in which these data should be made available and accessible should determine the overall quality of an alternative fuels infrastructure ecosystem that meets user needs. Moreover, those data should be accessible in a coherent manner in all Member States. Therefore, data should be provided as open data in accordance with the requirements set in Directive 2010/40/EU of the European Parliament and the Council59 for national access points (NAPs). For services allowing seamless travel across the Union, a Union wide system should also be created, importing standardised information from national systems. Therefore, the Commission should establish a common European access point at Union level, to function as a data gateway for end users and mobility service providers to easily access the relevant data retained in the National Access Points. It should, when possible, be compatible and interoperable with existing information and reservation systems developed by Member States. The European access point could facilitate better price comparisons for consumers between publicly accessible recharging and refuelling operators on the internal market and provide users with information on the accessibility and availability, waiting times and the remaining alternative fuels capacity of the refuelling and recharging points. This could help preve…
Recital 52: (52) In the application of this Regulation, the Commission should consult a broad range of organisations and stakeholders, including but not limited to consumers groups, municipalities, cities and regions, as well as relevant expert groups, in particular the Sustainable Transport Forum (‘STF’) and the European Sustainable Shipping Forum (‘ESSF’). Such expert consultation is of particular importance when the Commission intends to adopt delegated or implementing acts under this Regulation.
Recital 53: (53) Alternative fuels infrastructure is a fast developing area. The lack of common technical specification constitutes a barrier for the creation of a single market of alternative fuels infrastructure. Therefore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to norm technical specifications for areas where common technical specifications are outstanding but necessary. In particular, this should include the communication between the electric vehicle and the recharging point, the communication between the recharging point and the recharging software management system (back-end); the communication related to the electric vehicle roaming service and the communication with the electricity grid, while ensuring a high level of cybersecurity and consumer data protection. It is also necessary to swiftly define the suitable governance framework and roles of the different actors involved in the vehicle-to-grid communication ecosystem while taking into account and supporting emerging technological developments with high GHG emission reduction potential, such as electric road systems (‘ERS’), notably inductive and overhead catenary line charging solutions. As concerns data provision, it is necessary to provide for additional data types and technical specifications related to the format, the frequency and the quality in which these data should be made available and accessible. It is of particular importance that the Commission carry out …
Recital 54 a (new): (54 a) Given that this Regulation will generate additional compliance costs for affected sectors, compensatory actions need to be taken in order to prevent the total level of regulatory burdens from increasing. The Commission should therefore be obliged to present, before the entry into force of this Regulation, proposals offsetting the regulatory burdens introduced by this Regulation, through the revision or abolishment of provisions in other EU Regulations that generate unnecessary compliance costs in the affected sectors.
Article 1 – paragraph 1: 1. This Regulation sets out minimum national targets for the deployment of sufficient alternative fuels infrastructure in the Union, for road vehicles, vessels, trains and stationary aircraft. It lays down common technical specifications and requirements on user information, data provision and payment requirements for alternative fuels infrastructure.
Article 1 – paragraph 3: 3. This Regulation establishes a reporting mechanism to stimulate cooperation and ensures a robust tracking of progress. The mechanism shall comprise a structured, transparent, iterative and multi-level governance process between the Commission, and the Member States, and regional and local authorities for the purpose of the finalisation of the national policy frameworks, taking into account existing local and regional strategies for the deployment of alternative fuels infrastructure, and their subsequent implementation and corresponding Commission action.
Article 2 – paragraph 1 – point 2 a (new): (2 a) ‘along the TEN-T network' means, when used in respect of electric recharging stations and hydrogen refuelling stations, that they are located on the TEN-T network or within 1.5 km driving distance from the nearest exit of a TEN-T road;
Article 2 – paragraph 1 – point 3 – point a – introductory part: (a) ‘alternative fuels for zero-emission vehicles, vessels and aircraft’:
Article 2 – paragraph 1 – point 3 – point b – indent 1: – biomass fuels, including biogas, and biofuels as defined in Article 2, points (27), (28) and (33) of Directive (EU) 2018/2001,
Article 2 – paragraph 1 – point 3 – point c – introductory part: (c) ‘alternative fossil fuels’ for a limited transitional phase:
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Changed:Article 2 – paragraph 1 – point 9 a (new): (9 a) ‘citizen energy community’ means a community as defined in Article 2(11) of Directive (EU)2019/944(EU) 2019/944
31 unchanged paragraphs
Article 2 – paragraph 1 – point 17: (17) ‘electric road system’ means a physical installation along a road that allows for the transfer of electricity to an electric vehicle to provide it the energy necessary for propulsion, or for dynamic charging;
Article 2 – paragraph 1 – point 17 a (new): (17 a) 'dynamic charging' means the charging of an electric vehicle battery while the vehicle is in motion;
Article 2 – paragraph 1 – point 19 a (new): (19 a) ’energy efficiency first’ means ‘energy efficiency first’ as defined in of Article 2, point (18) of Regulation (EU) 2018/1999;
Article 2 – paragraph 1 – point 19 b (new): (19 b) ’technological neutrality’ means ‘technological neutrality’ as laid down in Recital 25 of Directive (EU) 2018/1972;
Article 2 – paragraph 1 – point 35 a (new): (35 a) 'payment card' means a payment service that works on the basis of a physical and digital debit or credit card and comprises payment cards embedded in a smartphone application;
Article 2 – paragraph 1 – point 35 b (new): (35 b) 'payment service' means a 'payment service' as defined in Article 4, point (3), of Directive (EU) 2015/2366;
Article 2 – paragraph 1 – point 37 a (new): (37 a) ‘preconditioned air system’ means a fixed or mobile system at airports providing the external supply of conditioned air to cool, ventilate or heat the cabins of stationary aircraft;
Article 2 – paragraph 1 – point 38: (38) ‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels infrastructure which is located at a site or premise that is open to the general public, including persons with reduced mobility, irrespective of whether the alternative fuels infrastructure is located on public or on private property, whether limitations or conditions apply in terms of access to the site or premise and irrespective of the applicable use conditions of the alternative fuels infrastructure.
Article 2 – paragraph 1 – point 40: (40) ‘recharge on an ad hoc basis’ means a recharging service purchased by an end user without the need for that end user to register, conclude a written agreement, or enter into a longer-lasting commercial relationship with the operator of that recharging point or to electronically log-in or sign-in to online intermediation services, beyond the mere purchase of the service;
Article 2 – paragraph 1 – point 41: (41) ‘recharging point’ means a fixed or mobile, on-grid or off-grid interface that allows for the transfer of electricity to an electric vehicle, which, whilst it may have one or several connectors to accommodate different connector types, is capable of recharging only one electric vehicle at a time, and excludes devices with a power output less than or equal to 3,7 kW the primary purpose of which is not recharging electric vehicles.
Article 2 – paragraph 1 – point 49: (49) ‘refuelling point’ means a refuelling facility for the provision of any liquid or gaseous alternative fuel, through a fixed or a mobile installation, which is capable of refuelling only one vehicle or one vessel at a time;
Article 2 – paragraph 1 – point 54 a (new): (54 a) ‘renewable energy community’ means a community as defined in Article2 (16) of Directive(EU) 2018/2001;
Article 2 – paragraph 1 – point 56: (56) ‘safe and secure parking’ means a parking and rest area as referred to in Article 17, point(1)(b) of Regulation (EU) No 1315/2013, that is dedicated to heavy-duty vehicles overnight parking and has been certified pursuant to the provisions in Article 8a of Regulation (EC) No 561/2006;
Article 2 – paragraph 1 – point 57: (57) ‘ship at berth’ means a ship which is securely moored at the quayside in a port falling under the jurisdiction of a Member State while it is loading, unloading, embarking or disembarking passengers or hotelling, including the time spent when not engaged in cargo or passenger operations;
Article 2 – paragraph 1 – point 58: (58) ‘shore-side electricity supply’ means the provision of shore-side electrical power through a standardised fixed, floating or mobile installation to seagoing ships or inland waterway vessels at berth;
Article 2 – paragraph 1 – point 66 a (new): (66 a) 'multimodal hub' means a mobility service infrastructure, such as rail, road, air, maritime and inland waterways stations and terminals, that allows for the performance of 'multimodal transport’ defined in Article 3, point (n) of Regulation (EU) No 1315/2013;
Article 2 – paragraph 1 – point 66 b (new): (66 b) 'L-category vehicles’ means powered two-, three- and four-wheel vehicles as categorised in Regulation (EU) No 168/2013 and Annex I, including powered cycles, two- and three-wheel mopeds, two- and three-wheel motorcycles, motorcycles with side-cars, light and heavy on-road quads, and light and heavy quadri-mobiles.
Article 3 – paragraph 1 – subparagraph 1 – indent 2: – in their territory, publicly accessible recharging stations dedicated to light-duty vehicles are deployed in a manner that supports territorial balance and multimodal travelling that provide sufficient power output for those vehicles;
Article 3 – paragraph 1 – subparagraph 1 – indent 2 a (new): - a sufficient number of publicly accessible recharging stations for light-duty vehicles is deployed on public roads in residential areas where vehicles typically park for extended periods of time;
Article 3 – paragraph 1 – subparagraph 1 – indent 2 b (new): - a sufficient number of publicly accessible recharging stations for light-duty vehicles is enabled for smart and bi-directional charging;
Article 3 – paragraph 1 – subparagraph 1 – indent 2 c (new): - the grid connection and the grid capacity are provided.
Article 3 – paragraph 1 – subparagraph 2 – point a: (a) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 3 kW is provided, through publicly accessible recharging stations, if the share of the total projected light-duty vehicle fleet represented by battery electric light-duty vehicles in that Member State is less than 1%;
Article 3 – paragraph 1 – subparagraph 2 – point a a (new): (a a) for each battery electric light-duty vehicle registered in their territory, a total power output of 2,5 kW is provided through publicly accessible recharging stations if the share of battery electric light-duty vehicles in relation to the total projected light-duty vehicle fleet in that Member State is 1 % or greater than 1 % but below 2,5 %;
Article 3 – paragraph 1 – subparagraph 2 – point a b (new): (a b) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 2 kW is provided through publicly accessible recharging stations if the share of battery electric light-duty vehicles in relation to the total projected light-duty vehicle fleet in that Member State is 2,5 % or greater than 2,5 % but below 5 %;
Article 3 – paragraph 1 – subparagraph 2 – point a c (new): (a c) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 1,5 kW is provided through publicly accessible recharging stations if the share of battery electric light-duty vehicles in relation to the total projected light-duty vehicle fleet in that Member State is 5 % or greater than 5 % but below 7,5 %; and
Article 3 – paragraph 1 – subparagraph 2 – point a d (new): (a d) for each battery electric light-duty vehicle registered in their territory, a total power output of at least 1 kW is provided through publicly accessible recharging stations if the share of battery electric light-duty vehicles in relation to the total projected light-duty vehicle fleet in that Member State is 7,5 % or greater;
Article 3 – paragraph 1 – subparagraph 2 – point b: (b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 2 kW is provided through publicly accessible recharging stations if the share of electric vehicles in relation to the total projected vehicle fleet in that Member State is less than 1 %;
Article 3 – paragraph 1 – subparagraph 2 – point b a (new): (b a) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 1.65 kW is provided through publicly accessible recharging stations if the share of electric vehicles in relation to the total projected vehicle fleet in that Member State is 1 % or greater than 1 % but below 2,5 %;
Article 3 – paragraph 1 – subparagraph 2 – point b b (new): (b b) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 1,33 kW is provided through publicly accessible recharging stations if the share of electric vehicles in relation to the total projected vehicle fleet in that Member State is 2,5 % or greater than 2, 5 % but below 5 %;
Article 3 – paragraph 1 – subparagraph 2 – point b c (new): (b c) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 1 kW is provided through publicly accessible recharging stations if the share of electric vehicles in relation to the total projected vehicle fleet in that Member State is 5 % or greater than 5 % but below 7,5 %; and
Article 3 – paragraph 1 – subparagraph 2 – point b d (new): (b d) for each plug-in hybrid light-duty vehicle registered in their territory, a total power output of at least 0,66 kW is provided through publicly accessible recharging stations if the share of electric vehicles in relation to the total projected vehicle fleet in that Member State is 7,5 % or greater.