Changes from report parliamentary committee draft to plenary report

Change 33

ChangedArticle 1 – paragraph 1 – point 4, Article 3 c3c – paragraph 2 a1: (new):1. 2a.Contracting Theauthorities tender’sor contributioncontracting toentities theshall, sustainabilitywhen shallcontracting befor assessed,the interpurchase, alia,lease, basedrent on:or /hire-purchase (a)of environmentalvehicles sustainabilityreferred goingto beyondin theArticle minimum3b requirementsor providedof forthe inrelated applicablecharging legislation,infrastructure, intake particularaccount forof the recyclingenergy and sourcingenvironmental impacts of batteries;those /vehicles (b)over thetheir energylifetime, efficiencyas well as of the vehicles; /security (c)of thesupply potentialrelated to reducethose thevehicles useand oftheir naturalspare resourcesparts. andThey materials,shall fordo instanceso by retrofittingincluding existingcriteria vehiclesfor tothe zero-emissionsustainability powertrains.and the security of supply contribution of the tender, in compliance with relevant international law.

Regulation (EU) 2019/1242

Change 34

RemovedArticle 1 – paragraph 1 – point 4, Article 3 c – paragraph 3: 3. In accordance with Article 3b, the tender’s contribution to sustainability shall be given a weighting of between 15 to 40% of the award criteria, and the tender's contribution to security of supply shall also be given a weighting of between 15 to 40% of the award criteria. This is without prejudice of the application of Article 41(3) of Directive 2014/23/EU, Article 67(5) of Directive 2014/24/EU or Article 82(5) of Directive 2014/25/EU with a view to giving a higher weighting to those criteria;

AddedArticle 1 – paragraph 1 – point 4, Article 3c – paragraph 2 – point c: (c) the current and estimated future availability of essential spare parts for the functioning of the equipment subject to the tender;

Regulation (EU) 2019/1242

Change 35

RemovedArticle 1 – paragraph 1 – point 4, Article 3 c – paragraph 3 a (new): 3a. The proportion of the products or tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council, shall not exceed 50% of the tender’s value.

AddedArticle 1 – paragraph 1 – point 4, Article 3c – paragraph 2 a (new): 2a. The tender’s contribution to the sustainability shall be assessed, inter alia, based on: / (a) environmental sustainability going beyond the minimum requirements provided for in applicable legislation, in particular for the recycling and sourcing of batteries; / (b) the energy efficiency of the vehicles; / (c) the potential to reduce the use of natural resources and materials, for instance by retrofitting existing vehicles to zero-emission powertrains.

Regulation (EU) 2019/1242

Change 36

RemovedArticle 1 – paragraph 1 – point 4 a (new), Article 3 d (new): (4a) the following Article is inserted: / ‘Article 3d / Zero-Emission HDVs Forum / By ... [6 months after the entry into force of this Regulation] and each year thereafter, the Commission shall convene a ‘Zero-Emission HDVs Forum’, which shall be composed of representatives from public charging stations operators, electricity transmission system operators, long-haul transporters, urban logistic operators, public transport operators, civil society organisations and independent think tanks, Member States and manufacturers, in order to work together on the effective and cost-efficient roll-out of recharging and refuelling infrastructure in view of the increased CO2 emissions reduction target set out in this Regulation.'

AddedArticle 1 – paragraph 1 – point 4, Article 3c – paragraph 3: 3. In accordance with Article 3b, the tender’s contribution to sustainability shall be given a weighting of between 15 to 35% of the award criteria, and the tender's contribution to security of supply shall also be given a weighting of between 15 to 40% of the award criteria. This is without prejudice of the application of Article 41(3) of Directive 2014/23/EU, Article 67(5) of Directive 2014/24/EU or Article 82(5) of Directive 2014/25/EU with a view to giving a higher weighting to those criteria.

RemovedAmbitious CO2 reduction targets will send the necessary signal to all actors to invest in zero-emission technologies, roll-out the necessary charging and refuelling infrastructure, and where relevant, update the electricity grid capacity. In particular, the AFIR Regulation will be up for review in 2026, with a special report on the needed infrastructure for HDVs by mid-2024. A “Zero-Emission HDVs Forum” ensure all actors work together on the effective and cost-efficient roll-out of recharging and refuelling infrastructure in view of the increased ambition of this Regulation.

Regulation (EU) 2019/1242

Change 37

AddedArticle 1 – paragraph 1 – point 4, Article 3c – paragraph 3 a (new): 3a. The proportion of the products or tenders originating in third countries, as determined in accordance with Regulation (EU) No 952/2013 of the European Parliament and of the Council, may not exceed 50% of the tender’s value.

AddedRegulation (EU) 2019/1242

AddedArticle 1 – paragraph 1 – point 4 a (new), Article 3 d (new): (4a) the following Article is inserted: / ‘Article 3d / Zero-Emission HDVs Forum / By ... [6 months after the date of entry into force of this Regulation] and each year thereafter, the Commission shall convene a ‘Zero-Emission HDVs Forum’, which shall be composed of representatives from public charging stations operators, electricity transmission system operators, long-haul transporters, urban logistic operators, public transport operators, civil society organisations and independent think tanks, Member States and manufacturers, in order to work together on the effective and cost-efficient roll-out of recharging and refuelling infrastructure in view of the increased CO2 emissions reduction target set out in this Regulation.'

AddedRegulation (EU) 2019/1242

Article 1 – paragraph 1 – point 6 – point a, Article 5 – paragraph 1 – subparagraph 2: The zero-emission and low-emission factor shall take into account the number and the CO2 emissions of all zero- and low-emission heavy-duty vehicles of category N in the manufacturer’s fleet.;

Change 38

RemovedIt should be clarified that the incentive mechanism only includes vehicles of category N, as specified in point 2.3.2 of Annex I, as it is the case under the current Regulation.

Regulation (EU) 2019/1242

Change 39

ChangedArticle 1 – paragraph 1 – point 6 – point b, Article 5 – paragraph 3: 3. For the reporting periods from 2025 to 2029 the zero- and low-emission factor shall only take into account the number and the CO2 emissions of all zero-emission heavy-duty vehicles of category N in the manufacturer's fleet, and shall be determined on the basis of a 158 % benchmark in accordance with point 2.3.2 of Annex I;

Change 40

RemovedManufacturers have already announced serial production of zero-emission trucks in 2024. It is estimated that announcement by manufacturers should lead to an increase in the share of zero-emission vehicles in total HDV of around 7% by 2025, and of more than 50% by 2030 on average, and up to 70% for individual manufacturers. The benchmark system should therefore be reviewed to ensure it continues rewarding those manufacturers that are doing better than the average.

Regulation (EU) 2019/1242

Change 41

ChangedArticle 1 – paragraph 1 – point 8, Article 6 a6a – paragraph 1 – subparagraph 1–1 – point c: (c) for transfers of zero-emission vehicles between manufacturers not belonging to a group of connected manufacturers, or for transfers of existing vehicles that have been retrofitted to be zero-emission vehicles: the number of zero-emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

Regulation (EU) 2019/1242

Change 42

ChangedArticle 1 – paragraph 1 – point 9 – point b a (new), Article 7 – paragraph 1 – subparagraph 2: (ba) in paragraph 1, the second subparagraph is replaced by the following: / ‘Emission"Emission credits shall be acquired in the reporting periods of the years 2019 to 2039, and shall be taken into account only for the purpose of determining the manufacturer’s compliance with the specific CO2 emissions target of any of the five years following the year during which they have been acquired.acquired . However, where the emission credits have been acquired in the reporting periods of the years 2019 to 2024, they shall be taken into account only for the purpose of determining the manufacturer’s compliance with the specific CO2 emissions target of the reporting period of the year 2025.’;2025."

Change 43

RemovedUnder the current Regulation, the lifetime of credits and debts is limited to 5 years. While the Commission maintains a validity period of maximum 5 years for debts after 2030, it allows credits to be accumulated and used over a period of up to 15 years, thereby risking locking-in manufacturers in a low-ambition scenario.

Added(32019R1242)

Regulation (EU) 2019/1242

Change 44

RemovedArticle 1 – paragraph 1 – point 11 – point a, Article 8 – paragraph 1 – point a: Deleted

AddedArticle 1 – paragraph 1 – point 9 – point d, Article 7 – paragraph 1 – subparagraph 4: Emission debts acquired in the reporting periods of the years 2025 to 2039 shall, where applicable, be carried over from one reporting period to the next reporting period. However, any remaining emission debts shall be cleared in the reporting periods of the year 2029, 2034 and 2039.;

RemovedTo ensure a deterrent effect, excess CO2 emissions premium should always exceeds the average marginal costs of the technologies needed to meet the CO2 emissions targets, as recognised in Article 15(2), point (i) of Regulation (EU) 2019/1242. The impact assessment does not provide any justification of a potential decrease of the marginal costs of the technologies needed to meet the revised CO2 emissions targets. Logically, those marginal costs should even increase with the level of ambition. Therefore, the minimum should be to keep the current levels.

Regulation (EU) 2019/1242

Change 45

RemovedArticle 1 – paragraph 1 – point 11 – point b, Article 8 – paragraph 1 – point b: Deleted

AddedArticle 1 – paragraph 1 – point 16, Article 13c – paragraph 1 – subparagraph 2: The register shall be publicly available with the exception of data entries listed in point 3.2. of Annex V.

RemovedTo ensure a deterrent effect, excess CO2 emissions premium should always exceeds the average marginal costs of the technologies needed to meet the CO2 emissions targets, as recognised in Article 15(2), point (i) of Regulation (EU) 2019/1242. The impact assessment does not provide any justification of a potential decrease of the marginal costs of the technologies needed to meet the revised CO2 emissions targets. Logically, those marginal costs should even increase with the level of ambition. Therefore, the minimum should be to keep the current levels.

AddedEditorial correction

Regulation (EU) 2019/1242

Change 46

RemovedArticle 1 – paragraph 1 – point 16, Article 13 b – paragraph 1 – subparagraph 3: Deleted

AddedArticle 1 – paragraph 1 – point 17, Article 14 – paragraph 1 – point a: (a) the criteria defining vehicle sub-groups set out in point 1.1, including adding separate subgroups for EHC lorries;

RemovedEven if exempted from CO2 targets, small producing manufacturers should still report the emissions of their vehicles to the Commission. This would also allow those emissions to be publicly accessible in the central register referred to in Article 13c, and thereby ensure public scrutiny, in particular on whether the share of those emissions remain marginal in comparison with total EU HDVs emissions.

Regulation (EU) 2019/1242

Change 47

ChangedArticle 1 – paragraph 1 – point 18, Article 15 – paragraph 1: 1. The Commission shall, innot 2028,later than 31 December 2027, review the effectiveness and impact of this Regulation and submit a report to the European Parliament and to the Council with the result of the review. In that report, the Commission shall in particular assessassess: / (i) the impactsnumber of establishingregistrations minimumof energyzero-emission efficiencyheavy-duty thresholdsvehicles forin newMember zero-emissionStates; / (ii) the progress made in deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles placedin onMember States; / (iii) strictly for the Unionpurpose market,of this Regulation, considerations of heavy-duty vehicles and vehicle combinations taking into account weights and dimensions applicable to national transport, for example modular and intermodal concepts, while also assessing possible transport safety and efficiency aspects, intermodal, environmental, infrastructural and rebound effects as well as the geographical situation of ensuringMember thatStates; special/ purpose,(iv) off-roadimpacts on employment, especially on micro, small and off-roadmedium-sized specialenterprises vehicles(SMEs), arethe subjecteffectiveness of measures to CO2support emissionsretraining reductionand targets.upskilling Itof shallthe alsoworkforce, assessand the importance of an economically viable and socially fair transition towards zero-emission road mobility; / (v) whether the continuation of the exemption for manufacturers producing few vehicles set out in Article 6b of this Regulation is still justified with a view to achieving a balance between Union-wide greenhouse gas emissions and removals across all sectors within the Union by 2050 at the latest as set out in Regulation (EU) 2021/1119.b…

Change 48

RemovedCO2 emissions from vocational vehicles, such as garbage, tippers or concrete mixers, are already certified under VECTO, monitored and reported by vehicle manufacturers and Member States, and several zero-emission vocational vehicles are already commercially available in Europe. As they mostly operates in cities, vocational vehicles also significantly impact urban air quality. Those vehicles should therefore be included under the CO2 reduction targets.

AddedRegulation (EU) 2019/1242

RemovedCO2 emissions from small lorries with a maximum mass lower than 5t and medium lorries with a maximum mass lower than 7.4t which cannot yet be determined under VECTO, but their CO2 emissions are being determined under Regulation (EU) 2018/858 and their registrations reported by Member States to the Commission. Zero-emission technologies for vehicles under this segment are already mature and cost-efficient. This segment includes many urban delivery trucks supplying stores like supermarkets in cities, so their decarbonisation will contribute to the improvement of urban air quality. Smaller lorries should therefore also be subject to the same CO2 targets, and be attributed to the respective sub-groups according to their mission profile, mileage and payload.

AddedArticle 1 – paragraph 1 – point 18, Article 15 – paragraph 1 a (new) – point ix: (ix) the report assessing the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full lifecycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market referred to in paragraph 2;

RemovedEditorial mistake in the Commission’s proposal

AddedRegulation (EU) 2019/1242

RemovedAnnex I – point 2 – point 2.3 – point 2.3.2 – paragraph 3 – subparagraph 1: x is 0,15

AddedArticle 1 – paragraph 1 – point 18, Article 15 – paragraph 2 a (new): 2a. The Commission shall by 31 December 2026 publish a report assessing the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full lifecycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market. The Commission shall submit that report to the European Parliament and to the Council.

RemovedManufacturers have already announced serial production of zero-emission trucks in 2024. It is estimated that announcement by manufacturers should lead to an increase in the share of zero-emission vehicles in total HDV of around 7% by 2025, and of more than 50% by 2030 on average, and up to 70% for individual manufacturers. The benchmark system should therefore be reviewed to ensure it continues rewarding those manufacturers that are doing better than the average.

AddedRegulation (EU) 2019/1242

AddedArticle 1 – paragraph 1 – point 18, Article 15 – paragraph 2 b (new): 2b. As part of the report referred to in paragraph 1, the Commission shall assess whether the creation of new sub-groups for EHC lorries have led to unduly increase of the engine rated power. If the Commission concludes that all or some of the reported engine power ratings were unduly increased, it shall adopt a delegated act in accordance with Article 17 to amend the criteria laid down in Article 3(1), point (24).

AddedRegulation (EU) 2019/1242

AddedArticle 1 – paragraph 1 – point 19 – point a, Article 17 – paragraph 2: The power to adopt delegated acts referred to in Article 3b(2), Article 3e, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2), Article 14(1) and Article 15(3) shall be conferred on the Commission for a period of five years from [OP, please insert the date of entry into force of this Regulation].;

AddedRegulation (EU) 2019/1242

AddedArticle 1 – paragraph 1 – point 19 – point b, Article 17 – paragraph 3: The delegation of power referred to in Article 3b(2), Article 3e, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13e(4), Article 13f(2), Article 14(1) and Article 15(3) may be revoked at any time by the European Parliament or by the Council.;

AddedRegulation (EU) 2019/1242

AddedArticle 1 – paragraph 1 – point 19 – point c, Article 17 – paragraph 6: (c) in paragraph (6), “Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 3b(2), Article 3e, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2), Article 14(1) and Article 15(3)”;

AddedAnnex I – point 2 – point 2.3 – point 2.3.2 – paragraph 3 – subparagraph 1: x is 0,08