Changes from plenary report to adopted text

Added(12) the following Article 10da is inserted:

Added‘Article 10da

Added1. Member States may implement Intelligent Access Policy (IAP) schemes within their territories to regulate, monitor and ease the access by heavy-duty vehicles to specific roads or areas.

AddedFor the purposes of this Article, an ‘intelligent access policy’ shall mean a technical and functional framework to manage heavy-duty vehicle access to the road network, through the use of telematics, to ensure compliance with the applicable rules on weights and dimensions.

Added2. When a Member State implements IAP pursuant to paragraph 1, itStates shall ensure that their IAP schemes comply with Directive 2010/40/EU of the European Parliament and of the Council*. In particular, Member States shall ensure that data related to the IAP scheme and falling within the scope of Directive 2010/40/EU, including weight, length, width or height restrictions, are available in digital machine-readable format and made accessible via the National Access Points established under Delegated Regulation (EU) 2022/670**. Member States shall also ensure that the IAP scheme is linked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and/or dimensions and are in possession of a special permit.

Added3. When a Member State implementsimplementing IAP schemes pursuant to paragraph 1, itMember States shall:

Added(a) define the criteria for granting access to heavy-duty vehicles, including but not limited to vehicle weight, length, height, technical specifications, and compliance with specific safety standards;

Added(b) favour the use of advanced intelligent transport systems to enhance safety and efficiency and reduce congestion in road transport operations affected by the IAP schemes;

Added(c) establish a comprehensive information and communication system to inform operators of heavy-duty vehicles about the IAP scheme requirements, application procedures, and any updates or changes to the scheme;

Added(ca) refrain from discriminatory or disproportionate restrictions on the free movement of goods and services and from unduly impeding the proper functioning of the internal market.

Added4. The establishment of IAP schemes by a Member State shall not give rise to discriminatory or disproportionate restrictions on the free movement of goods and services and shall not unduly impede the smooth functioning of the internal market. [Am. 39]

Added________

Added* Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (OJ L 207, 6.8.2010, p. 1).

Added** Commission Delegated Regulation (EU) 2022/670 of 2 February 2022 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide real-time traffic information services (OJ L 122, 25.4.2022, p. 1).’

Added(12a) In Article 10e, the following new paragraph is added:

Added‘Member States shall be encouraged to use the revenues generated from these penalties, or the equivalent in financial value of those revenues, to develop and support the market uptake of sustainable transport means, finance its infrastructure and smart enforcement systems, encourage intermodal transport operations, and increase the sustainability of cross-border transport operations.’ [Am. 40]

Added(13) in Article 10f(1), point (a) is replaced by the following:

Added‘(a) the shipper to give to the haulier to whom it entrusts the transport of a container or swap body a statement indicating the weight and the height of the container or swap body transported; and;’

Added(14) Article 10g is replaced by the following:

Added‘Article 10g

Added1. Every 2 years, and at the latest by 30 September of the year following the end of the 2-year period concerned, Member States shall send to the Commission the necessary information concerning:

Added(a) the number of checks carried out in the previous 2 calendar years;

Added(b) the number of overloaded vehicles or vehicle combinations detected;

Added(c) the number and location of automatic systems set up on the road infrastructure pursuant to Article 10d(1), and whether they are for identification purposes only or certified for direct enforcement; [Am. 41]

Added(d) the implementation and effectiveness of IAP schemes set up in accordance with Article 10da,;

Added(e) the number of national permits issued for abnormal transport pursuant to Article 4(3) and their duration (one-off permits or long-term permits);

Added(f) the results of the assessments carried out pursuant to Article 4(4a), point (d), and Article 4(5).

AddedThis information shall be disaggregated per year.

Added2. The Commission shall analyse the information received pursuant to paragraph 1, and, on the basis of the information received, issue, where appropriate, recommendations to Member States. Where the Commission issues such recommendations, the Member State concerned shall, within 6 months of their issuance, inform the Commission of how it intends to implement these recommendations. The Commission shall present a report to the European Parliament and the Council on the implementationcompliance with requirements of this Directive, no later than 1312 months after receiving the information from all Member States. Such report shall include information on relevant developments in the fields in question. [Am. 42]

Added3. The Commission, by means of implementing acts, shall establish a standard reporting form in electronic format to be used by Member States for submitting to the Commission the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).;’

Added(15) In Article 10h, paragraph 2 isparagraphs 2, 3 and 5 are replaced by the following:

Added‘2. The power to adopt delegated acts referred to in Articles 4(5a) and 10b(1)Article 4(5a), Article 10b(1) and Article 10ca shall be conferred on the Commission for a period of 5 years from [PO please insert date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.; [Am. 43]

Added3. The delegation of power referred to in Article 4(5a), Article 10b(1) and Article 10ca may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 44]

Added5. A delegated act adopted pursuant to Articles 4(5a), 10b(1) and 10ca shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’ [Am. 45]

Added(16) In Article 10i, the following paragraph 4 is inserted:

Added‘4. Where reference is made to this paragraph, Article 8 of Regulation (EU) 182/2011 shall apply.;’

Added(17) Article 10j is deleted;replaced by the following:

Added‘Article 10j

AddedBy 2027, and every 4 years thereafter, the Commission shall present a report to the European Parliament and to the Council, on the application of this Directive. The report shall contain a detailed assessment of the evolution of national and international road transport, including specific characteristics of certain market segments and the impact of that evolution on road safety, the road infrastructure, the functioning of the road transport internal market, the competitiveness of the sector, connectivity, and modal shift. The report may incorporate elements from the report referred to in Article 10g(2). In particular, in this report the Commission shall analyse whether the necessary enabling conditions for the market uptake of zero-emission heavy-duty vehicles in the Union, are satisfactorily met for the date referred to in paragraph 3 of Art 4b. In particular, this report shall assess, among others, the following enabling conditions: the amount of registrations of zero-emission heavy-duty vehicles in Member States, the availability and capacity of appropriate alternative fuels infrastructure and the impact of the European emission trading system on road transport as well as road user charges differentiated by CO2 emissions in Member States. In addition, this analysis shall assess the enabling conditions for the market uptake of zero-emission vehicles or vehicle combinations of European Modular Systems engaged in international traffic in those Member States allowing their circulation in their territories.

AddedIn addition, the report shall analyse the use of the Intelligent Access Policy (IAP) schemes in regards to enforcement, taking into account their availability and cost-efficiency. Furthermore, the report shall inform on technological advancements in the area of road transport which are relevant, including with regards to new technologies or new concepts and aerodynamic devices, as well as trailers or semi-trailers with zero-emission technology.

AddedAs part of this report, the Commission shall also assess the effectiveness and impact of this Directive, the extent to which the implementation of this Directive has met its objectives and its interaction and compatibility with other relevant Union legislation.

AddedOn the basis of the findings in these assessments above, the report shall, where appropriate, be accompanied by a legislative proposal to amend this Directive.’ [Am. 46]

Added(18) the following Article 10k is inserted:

Added‘Article 10k

AddedIn case of a crisis, where the public interest requires it, and provided that road safety is not thereby jeopardised, Members States may grant temporary exceptions from the application of the weights and dimensions limits set out in Annex I for vehicles used in national traffic, for a period not exceeding two months. This period may be renewed only where the crisis persists. [Am. 47]

AddedAny such exception shall be duly reasoned and notified immediately to the Commission. The Commission shall immediately publish the information on the granted exception on its official website and on the dedicated European web portal referred to in Article 4a(1a). [Am. 48]

AddedWhere a crisis affects several Member States, the Commission may adopt implementing acts in order to establish temporary exceptions from the application of the weights and dimensions limits set out in Annex I for vehicles used in international traffic between affected Member States. The period of such exception may not exceed six months, and may be renewed only where the crisis persists. Such implementing acts shall be adopted in accordance with the procedure referred to in Article 10i(4).

AddedFor the purposes of this Article, a crisis means an exceptional, unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, with significant direct or indirect impacts on the area of road transport or the economy or welfare, including safety, of the Union citizens, where the normal functioning of society is significantly disrupted, and where the public interest requires urgent action to be taken.;’ [Am. 49]

Added(19) Annex I is replaced by the Annex to this Directive;

Added(20) in Annex III, the words ‘Directive 76/114/EEC’ are replaced by the words ‘Annex II to Commission Implementing Regulation (EU) 2021/535’.

AddedArticle 2 Amendments to Regulation (EU) 2020/1056

AddedIn Article 2(1), point (a), of Regulation (EU) 2020/1056, the following point (vi) is inserted:

Added‘(vi) Article 6(7) of Council Directive 96/53/EC*;’

Added________

Added* Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).’

AddedArticle 3 Transposition

Added1. Member States shall adopt and publish, by [date-of-adoption+2 years1 year] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made. [Am. 50]

Added2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

AddedArticle 4 Entry into force

AddedThis Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.