Changes from plenary report to adopted text

RemovedEXPLANATORY STATEMENT

Added* Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1).’;’

RemovedIntroduction

Added(3) Article 4 is amended as follows:

RemovedThe Weights and Dimensions Directive, originally adopted in 1996 and subsequently amended in 2002 and most recently in 2015, sets out the maximum permitted weights and dimensions of commercial heavy-duty vehicles (carrying goods or passengers) that can circulate in the Union, while allowing for national derogations to take account of the specific national context. These common standards aim to ensure that heavy duty vehicles (HDVs) do not exceed limits that can compromise road safety, infrastructure and the environment. The common rules also aim to facilitate cross-border transport and ensure that road transport operators can compete on equal footing in the internal market in terms of the loading capacity of their vehicles. Last but not least, the Directive strives to foster the efficiency of transport operations and thereby reduce the greenhouse gas (GHG) emissions from those operations.

Added(a) in paragraph 1, the following point (c) is added:

RemovedHowever, a recent evaluation of the Directive shows important shortcomings. In the first place, the national derogations allowing the circulation of vehicles with other dimensions have resulted in a patchwork of diverging rules, hindering seamless cross-border transport in the EU, fragmenting the internal market and leading to loss of operational efficiency. Secondly, the mix of EU and national requirements, as well as bilateral arrangements, coupled with legal uncertainties, has led to ineffective and inconsistent enforcement of the rules, especially concerning cross-border transport, resulting in an uneven level playing field for transport operators. Furthermore, the Directive has hitherto under-performed on its decarbonisation aspects, providing insufficient incentives to improve the energy efficiency of road transport operations and to reduce GHG emissions. The failure to provide the necessary requirements in terms of additional weight and volume for new zero-emission technologies has contributed to the current limited uptake of zero-emission vehicles and impeded any meaningful contribution to the achievement of the European Green Deal objective of reducing the transport sector’s GHG emissions by 90% by 2050. Finally, the Directive does not sufficiently support intermodal transport neither does it appropriately encourage modal cooperation.

Added‘(c) of vehicles or vehicle combinations for the international transport of goods or passengers which are not in conformity with the characteristics set out in Annex I.;’

RemovedThe Commission proposal

Added(b) paragraph 3 and 4 are replaced by the following:

RemovedThe Commission proposal aims at tackling these shortcomings, by focussing on three main pillars:

Added‘3. Vehicles or vehicle combinations which exceed the maximum weights and/or dimensions may only be allowed to circulate on the basis of special permits issued by the competent authorities, or on the basis of similar arrangements agreed on a case-by-case basis with those authorities, where those vehicles or vehicle combinations carry or are intended to carry indivisible loads.

Removed1) Enhance the sustainability of freight transport by removing regulatory and technical barriers and providing stronger incentives for the uptake of the zero-emission technologies and energy saving devices in the HDVs sector, as well as by ensuring intermodal compatibility and thereby facilitating and incentivising intermodal operations. More specifically, the proposal increases the maximum allowed (axle) weight for zero-emission and alternatively fuelled vehicles and the maximum allowed length of zero-emission vehicles. Furthermore, it supports intermodal transport by allowing intermodal operations additional maximum weight and height and by requiring high capacity vehicles to use standard units that are compatible with other modes;

AddedMember States shall ensure that the procedure for obtaining permits or similar arrangements for the transport of indivisible loads is smooth, efficient and non-discriminatory, by providing an EU common standard application form and by minimising administrative burdens and avoiding unnecessary delays.

Removed2) Improve the functioning of the internal market and creating a level playing field by clarifying, and where possible harmonising, the rules on the use of longer and/or heavier HDVs in cross-border operations, while still catering for the necessary flexibility for Member States to set national rules in order to take into account differences in terms of geography, transport network density and spatial economic structure, among others. More specifically, the proposal introduces the possibility for Member States to allow, under specific conditions, the circulation of European Modular Systems (EMS), which are high capacity vehicles. Currently, nine Member States allow for the use of EMS in their territories and cross-border operations are conditioned to bilateral agreements but this is done in a fragmented way and without harmonised conditions. The proposal aims to clarify the conditions - with regards to road safety, fair competition and modal compatibility - for the use of these high-capacity vehicles for those Member States that wish to make use of them.

AddedMember States shall guarantee that the conditions under which the permits or similar arrangements related to the transport of indivisible loads are issued are proportionate and non-discriminatory. In particular, Member States shall issue the permits or similar arrangements in an electronic format and cooperate to further harmonise the permit issuing deadlines. Member States shall also cooperate to avoid the multiplicity of vehicle markings and signalling, and to favour the use of pictograms over text. Furthermore, Member States shall cooperate to harmonise the relevant rules for escorting transport of indivisible loads, such as on the prescribed use, markings and signs for escort vehicles. Member States shall not impose language requirements related to the drivers of transport of indivisible loads.

Removed3) Make enforcement more effective and efficient in order to ensure a fair level playing field and increase road safety. More specifically, the proposal sets a mandatory minimum level of controls by Member States and aims to incorporate more elements of “smart enforcement” by encouraging Member States to use more Weight-in-Motion and Intelligent Access Policies technologies and by simplying checks on intermodal transport operations by making use of the exisitng Electronic Freight Transport Information Regulation.

AddedMember States shall ensure that the vehicles carrying indivisible loads display the EU label set out in Article 10ca. [Am. 24]

RemovedThe Rapporteur’s position

Added4. Member States may allow vehicles or vehicle combinations used for transport which carry out certain national or international transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with weights or dimensions deviating from those laid down in points 1.1, 1.2, 1.3, 1.4 to 1.8, 2, 4.1. 4.2 and 4.4 of Annex I.

RemovedYour Rapporteur welcomes the Commission proposal. It forms part of the “Greening freight” package that aims to make freight transport more sustainable by improving the operational and energy efficiency of the transport sector, encouraging the uptake of zero-emission vehicles and promoting intermodal transport.

AddedTransport operations shall be considered not significantly to affect international competition in the transport sector if one of the following conditions is fulfilled:

RemovedThe road transport sector clearly brings substantial economic and social benefits in the EU. However, we should also recognise and reduce its negative impacts on the environment, infrastructure and road safety. Road transport leads to air pollution, greenhouse gas emissions and noise. Too much road traffic can generate congestion and increase the wear and tear of infrastructure. It can also lead to accidents and injuries. For example, it is estimated that HDVs were involved in road accidents causing around 3.000 out of the 22.800 fatalities on the EU roads in 2019 (i.e. approximately 13% of the total).

Added(a) the transport operations are carried out in a Member State's territory by specialized vehicles or specialized vehicle combinations in circumstances in which they are not normally carried out by vehicles from other Member States, e.g. operations linked to logging and the forestry industry;

RemovedWe should also keep in mind that the road sector is composed mainly of SMEs and is characterised by high competition and low profit margin. Furthermore, the EU is currently facing a systemic scarcity of professional drivers. Consequently, it is of the highest importance that the EU provides for a fair level playing field, for clear, harmonised, understandable and transparent rules, for targeted incentives to make the fleet more sustainable without reducing payload, for strict enforcement of the rules, for putting road safety on top of the priorities and for allowing, where possible and desirable, to make use of high-capacity vehicles.

Added(b) the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I also permits the circulation of European Modular Systems pursuant to paragraph 4a, so as to achieve at least the loading length authorised in that Member State, and so that every operator may benefit from equal conditions of competition.’ [Am. 25]

RemovedWith the above objectives in mind, your Rapporteur believes that the Commission proposal is a step in the right direction compared with the current situation. The evaluation of the current Directive clearly showed that it contains provisions that are open to interpretation or lack specificity in certain areas, and that it does entail an ample scope for national derogations. This led to inconsistent application across Member States, resulting in a fragmentation of the market, legal uncertainty, operational inefficiencies and an unlevel playing field. Furthemore, the ambiguity in the provisions created challenges for enforcement authorities, while diverging levels of enforcement have further exacerbated non-compliance and undermined the harmonization objectives.

Added(c) the following paragraph 4a is inserted:

RemovedMoreover, the current Directive proved ineffective in boosting the uptake of alternatively fuelled and zero-emission vehicles and the use of energy saving technologies and aerodynamic devices. It also was only partially effective in promoting intermodal transport. The current uptake of zero-emission vehicles in the truck fleet is very limited. To reach the same range as a diesel vehicle, zero-emission vehicles typically need a higher mass (battery electric trucks) or volume (fuel cell electric trucks). It is crucial, notably for SMEs, that the shift towards more sustainable vehicles is not negatively affected by a reduced payload. On the other hand, this additional weight should not compromise the maximum turning circle limits and should not become a risk for road safety.

Added‘4a. Member States may allow the circulation in their territories in national and international traffic of European Modular Systems subject to all of the following conditions:

RemovedFor your Rapporteur it is clear that if the Union is serious about reducing GHG emissions from transport by 90% in 2050, road transport operations will have to become more efficient and significantly less emitting, and in parallel it is necessary to boost the modal share of more sustainable transport alternatives. This means that zero-emission vehicles must become the backbone of road transport if the sector is to reach its decarbonisation objectives. Also intermodal or combined transport is an important component in the transition towards a more sustainable heavy-duty road transport sector and for the transport system as a whole. This proposal will accelerate both these trends, but more is needed. That is why your Rapporteur proposes that by 2032, cross-border operations of 44tonne HDVs shall only be permitted by zero-emission vehicles. This will create a strong incentive to increase the market uptake of these vehicles and, by that point in time, a solid network of publicly accessible alternative fuels infrastructure will have been deployed, enabling the seamless circulation of zero-emission HDVs across the Union.

Added(-a) For new EMS routes, the Member States shall make a prior assessment of the possible impact of European Modular Systems on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal split. The assessment shall be made publicly available. Member States that have already established EMS routes in their territory at the date of the entry into force of this Directive, are not required to make a prior assessment for these already established routes;

RemovedIn parallel to the transition to a zero-emission transport system, we also need to ensure that the same load can be transported with less vehicles, less trips and less emissions. This could also help with the current lack of drivers. The Commission’s Impact Assessment shows that those Member States that have experience with high-capacity vehicles (European Modular Systems), have had positive results in terms of less accidents whereas no reverse modal shift has occurred from rail and/or waterborne modes of transport to road. Your Rapporteur proposes to strengthen the governance framework applying to EMS, with an ex-ante assessment considering the impacts on road safety, road infrastructure, modal cooperation and the environment. It is also proposed that Member States establish qualification requirements for the drivers of EMS, while ensuring proportionality, non-discrimination and mutual recognition between Member States. Finally, a dedicated EU web portal shall provide the public with clear and accessible information about the actual roads where these vehicles are allowed to circulate and about the national maximum authorised dimensions and weights of vehicles in Member States.

Added(a) the Member States shall make publicly available, in an accessible and transparent way, the information related to the maximum weights and dimensions applicable to the circulation of European Modular Systems in their territories;

RemovedYour Rapporteur is convinced that the Union must further reduce road fatalities involving HDVs so that more European lives can be saved. Therefore, a single EU label shall clearly indicate the length of all the vehicles or vehicle combinations of this Directive in order to help other road users to identify and familiarise themselves with these vehicles and reduce any possible risks caused by visibility restrictions or blind spots, for example when overtaking.

Added(b) the Member States shall make publicly available, in an accessible and transparent way, the information related to the part of the road network where European Modular Systems can circulate;

RemovedAs concerns enforcement, your Rapporteur sees room for improving the proposal. Therefore, it is proposed to make obligatory for Member States to instal certified weight in motion systems as well as to implement Intelligent Access Points. Member States should make use of the revenues generated from the penalties applicable to the infringements of this Directive to support the uptake of sustainable transport means, encourage intermodality and increase the sustainability of cross-border transport operations.

Added(c) the Member States shall ensure the connectivity of the part of the network where European Modular Systems can circulate in their territories with the road network of neighbouring Member States that also allow the circulation of European Modular Systems, in order to enable cross-border traffic;

Added(d) the Member States shall setestablish a monitoring system and assess theof impact of European Modular Systems on road safety, on the road infrastructure, on modal cooperation, on traffic volumes, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal split., taking into account the prior assessment performed under point (-a);

Added(da) the Member States shall ensure that appropriate measures are taken to avoid any possible negative impacts on road safety, including the safety of vulnerable road users, as a result of use of European Modular Systems.

AddedMember States may establish minimum requirements or a certification scheme for the drivers of European Modular Systems, provided that they ensure proportionality and non-discrimination. Member States shall cooperate to mutually recognise each other’s certifications.

AddedWhenever a Member State allows, pursuant to this paragraph, the circulation of European Modular Systems in national traffic, it may not reject or prohibit the circulation in its territory of European Modular Systems in international traffic, provided that such systems do not exceed the maximum weights and dimensions set for European Modular Systems in national traffic.

AddedMember States shall informnotify the Commission in case they allow the circulation in their territories of European Modular Systems and inform it how they fulfil the conditions set out in points (-a) to (da) of this paragraph.; Following such notifications, the Commission shall, where appropriate, issue recommendations to those Member States to ensure the compliance with these conditions. Where the Commission issues recommendations, the Member State concerned shall, within 6 months, inform the Commission of how it intends to implement those recommendations. The Commission recommendations and responses by the Member State shall be made publicly available.’ [Am. 26]

Added(d) paragraph 5 is replaced by the following:

Added‘5. Member States may allow for a limited period of time trials of vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with requirements of this Directive. Such vehicles or vehicle combinations shall be allowed to carry out certain national or international transport operations for the trial period only after demonstrating that the targeted transport activities cannot be conducted by any other form of transport that offers similar or superior safety and environmental benefits. It must be proven that this does not have a significant impact on intermodal competition in the transportation industry as a whole. In particular, trials with European Modular Systems shall be allowed for a maximum of five years and can be renewed once for a maximum of three years. If a Member State decides to renew a trial, it shall provide sufficient justification to the Commission. The number of trials shall not be limited. Member States shall inform the Commission thereof. [Am. 27]

AddedMember States shall set a monitoring system and assess the impact of the trials referred to in the first subparagraph on road safety, on the road infrastructure and on modal cooperation, as well as the environmental impacts on the transport system, including the impacts on modal split.;’

Added(e) the following paragraph 5a is inserted:

Added‘5a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to supplement this Directive by determining the minimum sets of data and the performance indicators to be provided by the prior assessments and monitoring systems set up by the Member States as referred to in paragraphs 4a, pointpoints (-a) and (d), and 5 of this Article.;’ [Am. 28]

Added(f) paragraph 7 is deleted;

Added(4) the following Articles 4a and 4b are inserted:

Added‘Article 4a

Added1. Member States shall establish and manage an electronic information and communications system with at least the following ‘one-stop-shop’ functions:

Added(a) a single national entry point through which the applicant shall submit its application for the special permit or similar arrangement as laid down in Article 4(3) in a standardised format;

Added(b) a single national access point for the applicants to obtain the information on the requirements for applying for special permits or similar arrangements as laid down in Article 4(3) and to the necessary information to plan their routes in a clear, accessible, and transparent manner;

Added(c) a single national access point for the operators of European Modular Systems to the information referred to in Article 4(4a), points (a) and (b), where relevant.

Added(ca) a single national access point to obtain information, in a clear, accessible, and transparent manner, regarding national maximum authorised weights and dimensions of vehicles, as well as any restrictions, including on height, in specified areas or on specific roads. [Am. 29]

Added1a. By [6 months after the date of transposition of this Directive], the Commission shall establish, and thereafter manage, a dedicated and up-to-date European web portal, available in all official languages of the Union, connecting, in a clear, accessible, and transparent manner, the national electronic and communications systems, referred to in paragraph 1. This European portal shall also make publicly available, in an accessible and transparent way, the parts of the road network where European Modular Systems, and, where available, vehicles transporting indivisible loads, can circulate. [Am. 30]

Added2. The Commission mayshall adopt implementing acts establishing aan EU common standard permit application form and harmonising the rules and procedures, including regarding the necessary vehicle registration information, for the issuing, including in digital format, of national permits or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3), as well as harmonising the relevant rules for escorting transport of indivisible loads. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2). [Am. 31]

AddedArticle 4b

Added1. Whenever a Member State, pursuant to Article 4(2), point (a), allows the circulation within its territory of vehicle combinations with a maximum weight exceeding the limits set out in points 2.2.1 or 2.2.2 of Annex I, it may not reject or prohibit the use in its territory in international traffic of those vehicle combinations complying with the weight values set for the national transport of goods, provided that such vehicle combinations do not have a maximum authorised weight exceeding 44 tonnes.