Changes from adopted text to adopted text

RemovedP9_TA(2022)0368

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ChangedDeployment of alternative fuels infrastructure ***I

Committee on Transport and Tourism

PE719.568

ChangedAmendments adopted by the European Parliament onlegislative 19resolution Octoberof 202211 July 2023 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 (COM(2021)0559 – C9-0331/2021 – 2021/0223(COD))

(Ordinary legislative procedure: first reading)

RemovedRecital 1: (1) Directive 2014/94/EU of the European Parliament and of the Council43 laid down a framework for the deployment of alternative fuels infrastructure. The Commission Communication on the application of that Directive44 points to the uneven development of recharging and refuelling infrastructure across the Union and the lack of interoperability and user friendliness. It notes that the absence of a clear common methodology for setting targets and adopting measures under the National Policy Frameworks required by Directive 2014/94/EU has led to a situation whereby the level of ambition in target setting and supporting policies varies greatly among Member States. This, in turn, has resulted in the failure to deliver a comprehensive and complete network of alternative fuels infrastructure across the Union.

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AddedThe European Parliament,

RemovedRecital 3: (3) Regulation (EU) 2019/631 of the European Parliament and of the Council46 and Regulation (EU) 2019/1242 of the European Parliament and of the Council47 already set CO2 emission performance standards for new passenger cars and for new light commercial vehicles as well as for certain heavy-duty vehicles. The revision of those instruments should be aligned with the revision of the current Regulation in order to ensure a coherent framework for the use and deployment of alternative fuels in road transport and in order to accelerate the uptake in particular of zero-emission vehicles and alternative fuels and thereby create demand for recharging and refuelling infrastructure.

Added– having regard to the Commission proposal to Parliament and the Council (COM(2021)0559),

RemovedRecital 4: (4) The initiatives on ReFuelEU aviation48 and FuelEU maritime49 should boost the production and uptake of sustainable alternative fuels in aviation and maritime transport. While the fuel use requirements for the sustainable aviation fuels can largely rely on the existing refuelling infrastructure, investments are needed for the electricity supply of stationary aircraft. Moreover, Member States and the Commission should assess the current state and future development of the hydrogen market for aviation and should provide for a feasibility study on the deployment of the relevant infrastructure to power aircraft including, where appropriate, a deployment plan for alternative fuels infrastructure in airports, in particular for hydrogen and electric recharging for aircrafts. The FuelEU maritime initiative sets requirements in particular for the use of on shore power that can only be fulfilled if an adequate level of on shore power supply is deployed in TEN-T ports. However those initiatives do not contain any provisions on the required fuel infrastructure which are a prerequisite that the targets can be met.

Added– having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90331/2021),

RemovedRecital 5: (5) Therefore all modes of transport should be addressed in one instrument which should take into account a variety of alternative fuels. The use of zero-emission powertrain technologies is at different stages of maturity in the different modes of transport and in the different Member States and regions. In particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid vehicles is taking place, therefore more ambitious targets for these mature technologies are required. Hydrogen fuel-cell road vehicles are available to markets, as well, albeit to a lesser degree. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The Union should increase its efforts to phase out fossil gaseous or liquid fuels and promote renewable alternatives, and the use of fossil fuels should only be possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by renewab…

Added– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

RemovedRecital 6: (6) In order to maximise the potential of reduction of greenhouse gas emissions, such biofuels, including biogas, and synthetic fuels, substituting diesel, petrol and jet fuel, can be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. This is especially important for the reduction of greenhouse gas emissions in the aviation and maritime transport sectors for which electrification will be slower. Those fuels can be technically used with the current vehicle technology with minor adaptations. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind.

Added– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French National Assembly, asserting that the draft legislative act does not comply with the principle of subsidiarity,

RemovedRecital 6 a (new): (6 a) It is important to observe the general principles of technological neutrality and energy efficiency first among those technologies necessary to achieve climate neutrality, as some of the technologies that will be needed in the foreseeable future still require investments in research and development, while maintaining market competition between the different alternative technologies, taking due account of affordability and the different starting points of Member States.

Added– having regard to the opinion of the European Economic and Social Committee of 9 December 2021,

RemovedRecital 7: (7) The sustained use of liquefied natural gas (LNG) is not compatible with the Union's climate neutrality objective. Therefore, LNG in maritime transport should be phased out as soon as possible and substituted by more sustainable alternatives. However, in the short term, LNG is likely to play a transitional role in maritime transport, where there is currently no economically viable zero-emission powertrain technology available. The Communication on the Smart and Sustainable Mobility Strategy points to zero-emission seagoing ships becoming market ready by 2030 and such projects are already underway. Further developments in this regard should be promoted, duly monitored and reported. Fleet conversion should take place gradually due to the long lifetime of the ships. Given the transitional role of LNG, the availability of LNG bunkering infrastructure in ports should be demand driven, in particular as regards new public investments. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, are becoming mature technologies and should enter the markets more quickly and could play an important role for maritime transport in terms of creating scale regarding zero-emission propulsion solutions. LNG is expected to no longer play a significant role in that sector. Transport fuels such as LNG need increasingly to be decarbonised by blending/substituting with liquefi…

Added– having regard to the opinion of the Committee of the Regions of 26 January 2022,

RemovedRecital 9: (9) The deployment of publicly accessible recharging infrastructure for light-duty electric vehicles has been uneven across the Union and across regions. Continued uneven distribution would jeopardize the uptake of such vehicles, limiting connectivity across the Union. Continuing divergence in policy ambitions and approaches at national level will hinder the much-needed sustainable transition of the transport sector and not contribute to creating the long-term certainty needed for substantive market investment. Mandatory minimum targets for Member States at national level should therefore provide policy orientations and complement National Policy Frameworks. That approach should combine national fleet based targets with distance-based targets for the trans-European network for transport (TEN-T). National fleet based targets should ensure that vehicle uptake in each Member State is matched with the deployment of sufficient publicly accessible recharging infrastructure, especially in geographic areas where owners of light-duty vehicles are less likely to own private parking lots. Special attention and higher national deployment rates are also needed for centres of relatively higher population density and higher electric vehicles market-share. Once a certain share of electric vehicles uptake has been reached in the given Member State, the market should self-regulate. Distance-based targets for the TEN-T network should ensure full coverage of electric recharging points along the …

Added– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and to the undertaking given by the Council representative by letter of 26 April 2023 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

RemovedRecital 10: (10) National fleet based targets should be established on the basis of the share of registered electric vehicles in that Member State's total vehicle fleet, following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug-in hybrid vehicles, as well as population and market shares of electric vehicles. A methodology that norms national fleet based targets on the total maximum power output of the publicly accessible recharging infrastructure should allow flexibility for the implementation of different recharging technologies in Member States. Furthermore, the Commission should assess how vehicles with integrated solar panels may impact the deployment of publicly accessible recharging infrastructure and, if appropriate, any consequential adjustment of the charging infrastructure deployment targets of this Regulation.

Added– having regard to Rule 59 of its Rules of Procedure,

RemovedRecital 11: (11) Implementation in Member States should ensure that a sufficient number of publicly accessible fixed, off-grid or mobile recharging points is installed in a manner that supports territorial balance and multimodal travelling, avoids regional disparities and ensures that no territory is left behind. Deployment is particularly important in residential areas with a lack of off-street parking and where vehicles typically park for extended periods of time, including taxi parking areas and at public transport stations, such as port passenger terminals, airports or railway stations. A sufficient number of publicly accessible fast recharging points dedicated to light-duty vehicles should also be deployed to increase consumer convenience in particular across the TEN-T network to ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union.

Added– having regard to the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on Regional Development,

RemovedRecital 11 a (new): (11 a) The deployment of publicly accessible recharging infrastructure should primarily result from private market investment. However, until a competitive market has been established, Member States should support infrastructure deployment in cases where market conditions require public support, provided that such public support is in full compliance with State aid rules. Where relevant, Member States should also take into account that in certain portions of their territory, the demand for an adequate number of charging points might vary throughout the year, as it is the case in many touristic destinations. In such cases the possibility of deploying a temporary mobile off-grid charging infrastructure could offer added flexibility and facilitate meeting seasonal demand without requiring the installation of fixed infrastructure.

Added– having regard to the report of the Committee on Transport and Tourism (A9-0234/2022),

RemovedRecital 11 b (new): (11 b) The Commission should review, if necessary, the targets set in this Regulation for electric recharging infrastructure dedicated to light-duty and heavy-duty vehicles respectively, to ensure their compatibility with the requirements set in the Union Regulations on CO2 emission performance standards for light-duty vehicles and for heavy-duty vehicles, respectively.

Added1. Adopts its position at first reading hereinafter set out;

RemovedRecital 11 c (new): (11 c) The Commission should review the need to include requirements for charging infrastructure to serve electrically power assisted cycles and L-category vehicles such as powered electric cycles and e-mopeds, and in particular the opportunity to equip charging infrastructure with a household power socket that makes it possible for such vehicles to be easily charged, since they represent a mode of transport that can help further reduce CO2 emissions and air pollution.

Added2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

RemovedRecital 13: (13) Electric heavy-duty vehicles need a distinctively different recharging infrastructure than light-duty vehicles. Public accessible infrastructure for electric heavy-duty vehicles is however currently almost nowhere available in the Union and the deployment of infrastructure therefore needs to be accelerated. A combined approach of distance-based targets along the TEN-T network, targets for overnight recharging infrastructure and targets at urban nodes should ensure that a sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established throughout the Union to proactively support the market share increase of battery electric heavy-duty vehicles.

Added3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

RemovedRecital 13 a (new): (13 a) Therefore, an initial public investment in infrastructure for electric heavy-duty vehicles is needed, whereas any further infrastructure development beyond the one provided for in this Regulation should be conditional on their Union-wide, national and regional market share development and relevant traffic data.

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RemovedRecital 14 a (new): (14 a) New charging infrastructure standards for heavy-duty vehicles are currently being developed. It is technically possible to ensure the upgradability of the physical connections and communication exchange protocols so that individual charging stations and charging points can be upgraded to a new standard at a later stage. Therefore, the Commission should consider increasing the individual power output of recharging stations at recharging pools as soon as the new common technical specifications are available.

AddedPosition of the European Parliament adopted at first reading on 11 July 2023 with a view to the adoption of Regulation (EU) 2023/… of the European Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU

RemovedRecital 17: (17) Publicly accessible recharging or refuelling points include, for example, privately owned recharging or refuelling points accessible to the public that are located on public or private properties, such as public parkings or parkings of supermarkets. In such locations, where parking facilities have more than 30 parking spaces, Member States should ensure that a sufficient number of publicly accessible recharging or refuelling points is deployed. A recharging or refuelling point located on a private property that is accessible to the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clients. Recharging or refuelling points for car-sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points.

Added(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2023/1804.)

RemovedRecital 17 a (new): (17 a) In order to avoid any unintended consequences of this Regulation in discouraging the deployment of charging infrastructure for captive fleets such as public transport, publicly accessible recharging stations partially dedicated to public transport fleets, can be counted towards the relevant targets set out in this Regulation. Recharging points for car-sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users.

RemovedRecital 17 b (new): (17 b) With a view to increase consumer convenience, Member States should encourage operators of publicly accessible recharging or refuelling points to ensure that the opening hours and uptime of their services fully meet the needs of end users.

RemovedRecital 20: (20) Smart metering systems as defined in Directive (EU) 2019/944 of the European Parliament and of the Council52 enable real-time data to be produced, which is needed to ensure the stability of the grid and to encourage rational use of recharging services. By providing energy metering in real time and accurate and transparent information on the cost, they encourage, in combination with smart recharging points, recharging at times of low general electricity demand and low energy prices. The use of smart metering systems in combination with smart recharging points can optimise recharging, with benefits for the electricity system and for the end user. Member States should encourage the use of smart metering system for the recharging of electric vehicles at publicly accessible recharging stations, where technically feasible, and ensure that these systems comply with the requirements laid down in Article 20 of Directive (EU) 2019/944.

RemovedRecital 21: (21) The increasing number of electric vehicles in road, rail, maritime and other transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. Smart recharging points, as well as off-grid recharging points, in particular, can facilitate the integration of electric vehicles into the electricity system and reduce the impact of electric vehicles on the electricity distribution network, as it enables demand response through aggregation and through price based demand response. System integration can further be facilitated through bi-directional recharging (vehicle-to-grid). All recharging points should therefore support smart recharging.

RemovedRecital 21 a (new): (21 a) Bidirectional charging at both private and publicly accessible infrastructure could encourage people to purchase electric vehicles, as they can then be used for mobility as well as energy storage. Therefore, legislative hurdles such as double taxation should be prevented in order to further develop the business case of bidirectional charging and a sufficient number of private and publicly accessible charging stations should be made available for smart, bidirectional charging.

RemovedRecital 21 b (new): (21 b) To ensure that the swift transformation towards e-mobility takes place in a sustainable way, the Union should take a global leadership role in sustainable products, technologies, services and innovations in particular concerning a circular, socially fair, environmentally responsible, and sustainable battery value chain, including job security and sustainability in the transition to zero and low emission road, maritime and air transport sector.

RemovedRecital 22: (22) The development of on-grid and off-grid infrastructure for electric vehicles, the interaction of that infrastructure with the electricity system, and the rights and responsibilities assigned to the different actors in the electric mobility market, have to be consistent with the principles established under Directive (EU) 2019/944. In that sense, distribution system operators should cooperate on a non-discriminatory basis with any person establishing or operating publicly accessible recharging points and Member States should ensure that the electricity supply for a recharging point can be the subject of a contract with a supplier other than the entity supplying electricity to the household or premises where this recharging point is located. The access of Union electricity suppliers to recharging points should be without prejudice to the derogations under Article 66 of Directive (EU) 2019/944.

RemovedRecital 23: (23) The establishment and operation of recharging points for electric vehicles should be developed as a competitive market with open access to all parties interested in rolling-out or operating recharging infrastructures. Therefore, Member States should prevent the emergence of dominant operators of charging infrastructure during the infrastructure development phase. Regional and local authorities support this objective by designating areas for competing operators. In view of the limited alternative locations for charging operators on highways, existing highway concessions such as for conventional refuelling stations or rest areas are a particular cause for concern, since they can run over very long periods and sometimes even lack a specified end date altogether. Member States should seek, to the extent possible and in compliance with Directive 2014/23/EU of the European Parliament and of the Council, to competitively award new concessions specifically for recharging stations on or adjacent to existing highway rest areas in order to prevent encroaching onto green spaces and to limit deployment cost and enable new market entrants. The possibility of setting up recharging points of competing operators at a highway rest area can also be considered.

RemovedRecital 23 a (new): (23 a) There is a wide range of funding sources available for Member States to support the deployment of alternative fuels infrastructure, in particular the Recovery and Resilience Facility established by Regulation (EU) 2021/2411a, the Commission’s Technical Support Instrument established by Regulation (EU) 2021/2401b, the Connecting Europe Facility established by Regulation (EU) 2021/11531c and Horizon Europe partnerships and missions, in particular the proposed Mission on Climate Neutral and Smart Cities, which aims to make 100 cities climate neutral by 2030. In addition, the European Regional Development Fund and the Cohesion Fund established by Regulation (EU) 2021/10581d are available to support investment in research, innovation and deployment, in particular in the less developed Member States and regions and the Invest EU programme, through its Sustainable Infrastructure window, can bolster future-proof investment across the European Union, help mobilise private investment and provide advisory services to project promoters and operators working in sustainable infrastructure and mobile assets. In recent years, the EIB Group has also ramped up its support to accelerate newer technologies such as e-mobility and digitalisation under the Cleaner Transport Facility, and the EIB is expected to continue providing a range of financing structures to help accelerate the deployment. Member States should tap into these financing possibilities, in particular to support public trans…

RemovedRecital 24: (24) Price transparency and affordability is crucial to ensure seamless and easy recharging and refuelling. Users of alternative fuel vehicles should be given accurate price information before the start of the recharging or refuelling service. The price should be communicated in a clearly structured manner, displaying, when applicable, the cost per kWh or per kg, to allow end users to identify, and to anticipate, the total cost of the recharging or refuelling operation.

RemovedRecital 24 a (new): (24 a) The uptake of battery-electric and hydrogen vehicles will lead to a substantial change in recharging patterns which makes information on the availability of electric recharging points and refuelling stations essential for a seamless travel within the EU. To optimise the efficiency of both journey planning and recharging or refuelling, drivers should be given comprehensive information on the availability of specific recharging and refuelling points and expected waiting times. Therefore, Member States should encourage operators to offer information systems for end users. Such systems should be precise, user-friendly and operable in the official language(s) of the Member State and in English.

RemovedRecital 25: (25) New services emerge, particularly in support of the use of electric vehicles. Entities offering those services, such as mobility service providers, should be able to operate under fair market conditions. In particular, operators of recharging points should not give unduly preferential treatment to any of those service providers, for instance through unjustified price differentiation that may impede competition and ultimately lead to higher prices for consumers. National regulatory authorities and the Commission should monitor the development of the recharging market. At the latest when reviewing the Regulation, the Commission will take actions where required by market developments such as limitations of services for end users or business practices that may limit competition.

RemovedRecital 26: (26) Hydrogen-powered motor vehicles have at present very low market penetration rates. However, a build-up of sufficient hydrogen refuelling infrastructure is essential in order to make large-scale hydrogen-powered motor vehicle deployment possible as envisaged in the Commission’s hydrogen strategy for a climate-neutral Europe54 . Currently, hydrogen refuelling points are only deployed in a few Member States and are largely not suitable for heavy-duty vehicles, not allowing for a circulation of hydrogen vehicles across the Union. Mandatory deployment targets for publicly accessible hydrogen refuelling points should ensure that a sufficiently dense network of hydrogen refuelling points is deployed across the TEN-T core network to allow for the seamless travel of hydrogen fuelled light-duty, heavy-duty vehicles and long-distance collective passenger transport throughout the Union.

RemovedRecital 27: (27) Hydrogen fuelled vehicles should be able to refuel at or close to the destination, which is usually located in an urban area. To ensure that publicly accessible destination refuelling is possible at least in the main urban areas, all urban nodes as defined in Regulation (EU) No 1315/2013 of the European Parliament and of the Council55 should provide such refuelling stations. Within the urban nodes, public authorities should consider to deploy the stations within multimodal freight centres as those are not only the typical destination for heavy-duty vehicles but could also serve hydrogen to other transport modes, such as rail, inland shipping and long-distance collective passenger transport.

RemovedRecital 28: (28) At the early stage of market deployment there is still uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’56 the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar.

RemovedRecital 28 a (new): (28 a) It is important to support the effective rollout in Member States of the hydrogen refuelling infrastructure that is foreseen. This will require coordination amongst all stakeholders, including by European, national, and regional institutions, trade unions, and the industry. Initiatives, such as the Clean Hydrogen Joint Undertaking, set up by Council Regulation (EU) 2021/2085, should also be used with a view to facilitating and leveraging private funding so that it reaches the relevant targets identified in this Regulation.

RemovedRecital 30: (30) Users of alternative fuel vehicles should be able to pay easily and conveniently at all publicly accessible recharging and refuelling points, without the need to enter into a contract with the operator of the recharging or refuelling point or a mobility service provider. Therefore, for recharging or refuelling on an ad hoc basis, all publicly accessible recharging and refuelling points should accept electronic card payment or devices with a contactless functionality that is at least able to read payment cards, and if possible also additional payment instruments that are widely used in the Union. That ad hoc payment method should always be available to consumers, even when contract-based payments are offered at the recharging or refuelling point. In order to guarantee consumer friendly and seamless payments at charging and refuelling stations, the Commission should be encouraged to amend Directive (EU) 2015/2366 to guarantee that contactless payment by card is possible at charging and refuelling stations.

RemovedRecital 30 a (new): (30 a) To ensure that recharging infrastructure is used efficiently and improves reliability and consumer confidence in e-mobility, it is essential to ensure that the use of publicly accessible recharging stations are accessible to all users, regardless of the automobile brand, in a user friendly and non-discriminatory way.

RemovedRecital 31: (31) Transport infrastructure should allow seamless mobility and accessibility for all users, including persons with disabilities and older persons. The location of all recharging and refuelling stations as well as the recharging and refuelling stations themselves should be designed in such a way that they can be accessible and user-friendly for all of the public, in particular by older persons, persons with reduced mobility and persons with disabilities. This should include for example providing sufficient space around the parking lot, ensuring that the recharging station is not installed on a kerbed surface, ensuring that the buttons or screen of the recharging station are at an appropriate height and the weight of the recharging and refuelling cables is such that persons with limited strength can handle them with ease. In addition the user interface of the related recharging stations should be accessible. In that sense, the accessibility requirements in Annexes I and III to Directive (EU) 2019/88257 should be applicable to recharging and refuelling infrastructure.