Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EC on the promotion of clean and energy-efficient vehicles Progress report

1.

Kerngegevens

Document­datum 16-11-2018
Publicatie­datum 17-11-2018
Kenmerk 14230/18
Van General Secretariat of the Council
Externe link origineel bericht
Originele document in PDF

2.

Tekst

Council of the European Union Brussels, 16 November 2018 (OR. en)

14230/18 Interinstitutional File:

2017/0291(COD) i

TRANS 537 MI 829 ENV 755 CLIMA 213 CODEC 1984

REPORT

From: General Secretariat of the Council

To: Permanent Representatives Committee/Council

No. prev. doc.: 12410/18

No. Cion doc.: 14183/17 + ADD 1

Subject: Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EC i on the promotion of clean and energyefficient vehicles

 Progress report

  • I. 
    INTRODUCTION

    On 9 November 2017, the Commission presented the above-mentioned proposal to the European Parliament and the Council, as part of the 'Europe on the Move' Mobility Package, as one of the Commission's initiatives related to low-emission mobility.

    The proposal's main objective is to increase the market uptake of clean, i.e. low- and zeroemission vehicles in public procurement and hence contribute to the reduction of overall transport emissions and the competitiveness and growth in the transport sector. The evaluation of Directive 2009/33/EC i revealed that the Directive did not trigger sufficient market uptake of clean vehicles across the Union, and the impact on reducing greenhouse gas and air pollutant emissions was found to have been very limited.

    The proposal aims to reach its main objective by:

– extending the scope of the existing directive to cover all relevant procurement practices;

– introducing a definition of a 'clean vehicle';

– setting minimum procurement targets for clean vehicles for the time periods between the end of the transposition period and the end of 2025 and between 2026 and 2030.

II. WORK AT OTHER INSTITUTIONS

The European Parliament has designated the committee on the Environment, Public Health and Food Safety (ENVI) as the responsible committee on this proposal and Mr Andrzej GRZYB (EPP, PL) as the rapporteur. The report was adopted by the EP Plenary on 25 October 2018. The committee on Industry, Research and Energy (ITRE) and the committee on Transport and Tourism (TRAN) adopted an opinion on the proposal.

The European Economic and Social Committee adopted an opinion at the plenary session on 19 April 2018. The European Committee of the Regions adopted an opinion on 5 July 2018.

III. WORK AT THE COUNCIL PREPARATORY BODIES

The proposal was presented to the Working Party on Transport - Intermodal Questions and Networks in November 2017 and it was studied by the same Working Party between March and May 2018, resulting in progress reports presented to the Council on 7 June 2018. 1

The Presidency has dedicated three meetings to the detailed examination of the file between July and November 2018.

1 doc. 8916/18.

On the basis of the comments and suggestions made by the delegations, the Presidency tabled two compromise texts which proposed solutions and clarifications on the majority of articles,

the main ones being the following:

 Articles 2 to 3  widened exemptions and clarified the scope, in particular as regards the

services covered by the Directive listed in Table 1 and in the recital 11 and 11(a);

 Article 4  broadened the definition of 'clean vehicle' and introduced ambitious subtargets

for zero emission buses;

 Article 5  clarified the counting methods for the different types of contracts covered by

the Directive. The corresponding tables 4 and 5 containing the targets for Member States and the calculation method regarding zero emission vehicles were simplified and as regards buses, the national targets have been lowered;

 Article 9  deleted the provision related to the Committee procedure.

 Article 10  simplified and clarified the reporting obligations for Member States and

introduced a new obligation for the Commission to support Member States by collating and publishing relevant data.

IV. OUTSTANDING ISSUES

(a) Exemptions (Article 2)

The latest Presidency compromise on Article 2 was supported by most delegations.

However, one delegation, supported by another, would like to exempt special transport services, for example for elderly or persons with disabilities, from the scope of the Directive. A number of other MS stressed that exemptions should be kept to a minimum.

(b) Scope (Article 3)

Several delegations wished to reintroduce in the scope of the Directive refuse collection

services covered by Table 1 of the Annex, which were deleted from the scope of the

Directive because they do not concern passenger transport services and require special

purpose vehicles.

Coaches were deleted from the scope of the Directive at the request of some delegations, the reason being that the use of coaches for long distance passenger transport represents technical problems as regards zero emission vehicles as well as

regarding the necessary recharging infrastructure, especially in cross  border use. One

delegation, supported by several others, would like to reintroduce the procurement of coaches in the scope of the Directive because of their similarity to trucks.

(c) Definitions (Article 4)

Numerous delegations supported the Presidency's latest compromise proposal and were opposing a reference to the RED 2 Directive put forward by one delegation.

Some delegations advocated a technologically neutral, outcome  focused approach as

regards the definition of a 'clean vehicle'.

Some delegations are not in favour of including fossil gases such as CNG and LNG in the list of alternative fuels , whereas others stressed the necessity to include those as

they provide a good transition towards low  and zero emission vehicles.

(d) Minimum procurement targets (Article 5 and Tables 4 and 5 of the Annex):

The Presidency compromise on Article 5 was generally supported by the delegations.

However, the minimum procurement targets in Tables 4 and 5 still have to be further discussed.

There is a wide variety regarding the level of ambition as expressed by the quota per Member State.

(e) Transposition period

Some delegations were in favour of extending the transposition deadline to between 30 and 36 months, whereas others supported a shorter period of 24 months and linked the transposition deadline to the overall progress made with the dossier.

  • V. 
    CONCLUSIONS

    In the course of the examination of the proposal, there was overall support for the Presidency's final compromise text set out in the Annex. However, the definition of a 'clean vehicle' and the level and implementation of the procurement targets remain the open key issues which will need to be discussed further alongside with a few other issues, as explained above, under the following Presidency in order to reach agreement on this file.

    The Permanent Representatives Committee and Council are invited to take note of the progress made on the examination of the proposed Directive.

ANNEX

Proposal for a Directive of the European Parliament and of the Council

amending Directive 2009/33/EC i

on the promotion of clean and energy-efficient road transport vehicles

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 2 ,

Having regard to the opinion of the Committee of the Regions 3 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

  • (1) 
    The Union is committed to a sustainable, competitive, secure and decarbonised energy system 4 . The Energy Union and the Energy and Climate Policy Framework for 2020 to 2030 5 establish ambitious commitments for the Union to further reduce greenhouse gas emissions by at least 40 % by 2030 as compared with 1990, to increase the proportion of renewable energy consumed by at least 27 %, to make energy savings of at least 27 %, and to improve the Union’s energy security, competitiveness and sustainability.

2 OJ C , , p. .

3 OJ C , , p. .

4 European Council Conclusions of 24 October 2014.

5 Commission Communication on a policy framework for climate and energy from 2020 to 2030 (COM(2014)0013).

  • (2) 
    In its European Strategy for Low-Emission Mobility 6 the Commission announced that in order to meet the Union's commitments at the 21 st Conference of the Parties to the United

    Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015, the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero-emission by mid-century. Moreover, emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay. This can be achieved by an array of policy initiatives, including the use of public procurement of clean vehicles.

  • (3) 
    In its Communication "Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 7 the Commission underlines that increased production and uptake of clean vehicles, alternative fuels infrastructures and new mobility

    services taking advantage of digitalisation and automation in the Union offer multiple benefits

    to Europe's citizens, Member States and industries. These include safer and seamless travel

    and reduction of exposure to harmful pollutant emissions. Further, the 2017 State of the

    Union address stated that the objective is for the EU to become a world leader in

    decarbonisation.

  • (4) 
    As was announced in the Commission's Communication"Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all" 8 this

    proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package, which is presented in the Commission's Communication "Delivering on low-emission mobility - A European Union that protects the planet, empowers its consumers, and defends its industry and workers" includes a combination of supply- and demand-oriented measures to put the EU on a path towards lowemission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system.

6 COM( 2016) 501 final.

7 COM(2017) 283 final i.

8 COM (2017) 283 final i.

  • (5) 
    Innovation of new technologies helps to lower vehicle emissions, supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles is likely to reduce emissions of CO 2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and to promote competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles.
  • (6) 
    Public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24 i/EU 9 and 2014/25/EU 10 set out minimum public procurement rules coordinating the way public authorities and certain public utility operators purchase goods, works and services. In particular, they set overall monetary

    thresholds for determining which contracts are to be subject to Union legislation, which also apply to the Clean Vehicles Directive.

  • (7) 
    Directive 2009/33/EC i complements the horizontal public procurement legislation of the

    Union and adds sustainability criteria, and thereby aims to stimulate the market for clean and energy efficient road transport vehicles. The Commission carried out an ex-post evaluation of the Clean Vehicles Directive in 2015 which concluded that the Directive did not trigger market uptake of clean vehicles across the Union, particular due to shortcomings in its provisions on scope and vehicle purchase. The impact on reducing greenhouse gas and air pollutant emissions and the impact on promoting industry competitiveness was found to have been very limited.

9 OJ L 94, 28.3.2014, p. 65 - 242.

10 OJ L 94, 28.3.2014, p. 243 – 374.

  • (8) 
    The Impact Assessment carried out underlines the benefits of changing the overall governance approach to clean vehicle procurement at Union level. Setting minimum procurement targets

    can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions, while noting the relevance to consider environmental aspects in all procurement decisions. The medium and long term benefits for European citizens and enterprises fully justify this approach insofar as it leaves sufficient flexibility to contracting authorities and contracting entities and operators in the choice of the technologies to be used.

  • (9) 
    Extending the scope of the Directive by including practices such as lease, rental and hirepurchase of vehicles, as well as contracts for certain services ensures that all relevant

    procurement practices are covered. The services to be covered, such as public road transport services, special purpose road transport passenger services, non-scheduled passenger transport as well as specific postal and courier services, should be those where the vehicles used for the provision of the services fall within the vehicle categories covered by this Directive, and they represent a major element in the contract. They should be identified through the respective CPV codes listed in the Annex.

  • (10) 
    There is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from

    light- and heavy-duty vehicles. To ensure that there are adequate incentives to supporting market-uptake of low- and zero-emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO 2 11 emission performance of cars and vans for the post-2020 period . Action carried out under the amended Directive will contribute to compliance with the requirements of these standards. A more ambitious approach for public procurement can provide an important additional market stimulus.

11 COM(2017) 676 final i.

(10a) Clean heavy-duty vehicles should be defined through the use of alternative fuels in alignment with existing Union legislation, namely Directive 2014/94 i/EU 12 . In such cases where liquid

biofuels, synthetic or paraffinic fuels are to be used for the procured vehicles, contracting authorities and contracting entities have to ensure through obligatory contract clauses or through similarly effective means within the public procurement procedure that only such fuels are to be used for these vehicles. These fuels may contain fuel additives, as is the case for example with ED95, but should not be blended with fossil fuels.

  • (11) 
    Light-duty and heavy-duty vehicles are used for different purposes and have different levels of market maturity, and it would be beneficial that public procurement provisions

    acknowledge these differences. The Impact Assessment illustrated the added value of adopting an approach based on alternative fuels until technology-neutral requirements for CO 2 emissions from heavy-duty vehicles have been set at Union level, which the Commission intends to propose in the future. The Impact Assessment further recognised that markets for low- and zero-emission urban buses are characterised by increased market maturity, whereas markets for low- and zero-emission trucks are at an earlier stage of market development. Due to the limited level of maturity of low- and zero-emission coaches, the relatively limited role of public procurement in this market segment, and their specific operational requirements, coaches should not be included in the scope of this Directive. In line with the approach followed in Regulation (EC) No 661/2009 i and UNECE Regulation 107, M3 vehicles with areas for standing passengers to allow for frequent passenger movement are considered buses, while M3 vehicles with very limited or no area for standing passengers are considered coaches.

12 OJ L 307, 28.10.2014, p. 1.

(11a) In order to avoid imposing disproportionate burdens on public authorities and operators,

Member States should be able to exempt from the requirements of this Directive the public procurement of certain vehicles with specific characteristics linked to their operational requirements. These include armoured vehicles, ambulances, hearses, wheelchair accessible M1 vehicles, mobile cranes, vehicles designed and constructed for use principally on construction sites or in quarries, port or airport facilities as well as vehicles specifically designed and constructed or adapted for use by the armed forces, civil protection, fire services and forces responsible for maintaining public order. Such adaptations may relate to the installation of specialized communications equipment or emergency lights. The requirements of this Directive should not apply to vehicles that are designed and constructed specifically to perform work and are not suitable for carrying passengers or for transporting goods. These include vehicles for road maintenance (like snow plows) or vocational vehicles.

  • (12) 
    Setting minimum targets for clean vehicle procurement by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zeroemission

    mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. Further, mandating that half of the minimum target for the buses procured in the aforementioned time periods is to be fulfilled through the procurement of zero-emission buses strengthens the commitment to the decarbonisation of the transport sector. It should be noted that trolley buses are considered to be zero-emission buses, provided they only run on electricity, or they only use a zero-emission powertrain when they are not connected the grid. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.

(12a) Member States should have the flexibility to distribute efforts to meet the minimum targets within their territory, in accordance with their constitutional framework and in line with their transport policy objectives. In the allocation of efforts within a Member State, different

factors could be taken into account, such as differences in economic capacity, air quality, population density, characteristics of the transport systems, policies to decarbonise transport and reduce air pollution, or any other relevant criteria.

  • (13) 
    The maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air pollution. Public authorities in Member States are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this

    amended Directive.

(13a) In order to further promote transport decarbonisation, improve air quality and maintain a level playing field between different operators Member States can, in compliance with Union law,

decide to also impose similar requirements to private operators and services outside the scope of this Directive.

  • (14) 
    Life-cycle costing is an important tool for contracting authorities and entities to cover energy and environmental costs during the life-cycle of a vehicle, including the cost of greenhouse

    gas emission and other pollutant emissions on the basis of a relevant methodology to determine their monetary value. Given the scarce use of the methodology for the calculation of operational lifetime costs under Directive 2009/33 i/EU and the information provided by contracting authorities and entities on the use of own methodologies tailored to their specific circumstances and needs, there should be no methodology mandatory to use, but contracting authorities, contracting entities or operators should be able to choose any life-costing methodology in order to support their procurement processes.

  • (15) 
    Reporting on public procurement under this amended Directive should provide a clear market overview to enable effective monitoring of the implementation. To minimise administrative

    burden on single public bodies and establish an effective market overview, simple reporting should be facilitated. The timeframe should be aligned with existing reporting obligations under Directive 2014/24 i/EU and Directive 2014/25 i/EU. The Commission will provide solutions for the registration and monitoring under the Tender Electronic Daily Database, and will ensure full reporting for low- and zero-emission and other alternative-fuel vehicles within the context of the Common Procurement Vocabulary of the Union. Specific codes in the Common Procurement Vocabulary will help the registration and monitoring under the Tender Electronic Daily Database.

  • (16) 
    Further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and Union level. This includes better exchange of

    knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact. The possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the Guidelines on State aid for environmental protection and energy 2014-2020 13 . However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.

  • (17) 
    [deleted]
  • (18) 
    Since the objectives of this Directive, namely to provide a demand-side stimulus for clean vehicles in support of a low-emission mobility transition, cannot be sufficiently achieved by the Member States alone, but can rather, by reason of a common and long-term policy

    framework and for reasons of scale be better achieved at Union level the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve those objectives.

13 OJ C 200, 28.6.2014, p. 1.

  • (19) 
    In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents 14 , Member States have undertaken to

    accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a Directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2009/33/EC i is amended as follows:

  • (1) 
    the title is replaced by the following:

"Directive 2009/33 i/EU on the promotion of clean road transport vehicles in support of lowemission mobility".

(1a) Article 1 is replaced by the following:

"Article 1 Subject matter and objectives

This Directive requires contracting authorities and contracting entities to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO 2 and of certain pollutants, when procuring certain road transport vehicles with the objectives of promoting and stimulating the market for clean and energy-efficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Union Community."

14 OJ C 369, 17.12.2011, p. 14.

(1b) Article 2 is replaced by the following:

"Article 2 Exemptions

Member States may exempt from the requirements laid down in this Directive contracts for the procurement of vehicles referred to in Article 2(2)(d), 2(3)(a), 2(3)b and in points 5.2. to 5.5. and 5.7. of Part A of Annex I of Regulation (EU) 2018/858 15 ."

  • (2) 
    Article 3 is replaced by the following:

"Article 3

Scope

  • 1. 
    This Directive shall apply to procurement through:

    (a) contracts for the purchase, lease, rent or hire-purchase of road transport vehicles signed by contracting authorities or contracting entities in so far as they are under an obligation to apply the procurement procedures set out in Directives 2014/24 i/EU and 2014/25/EU;

    (b) public service contracts within the meaning of Regulation (EC) No 1370/2007 i of the European Parliament and of the Council 16 having as their subject matter the provision of passenger road transport services in excess of a threshold which shall be defined by Member States not exceeding the applicable threshold value set in Article 5 4 paragraph of that Regulation;

    (c) service contracts as set out in Table 1 of the Annex in so far as the contracting authorities or contracting entities are under an obligation to apply the procurement procedures set out in Directives 2014/24 i/EU and 2014/25/EU.

15 OJ L 151, 14.06.2018, p.1.

16 Regulation (EC) No 1370/2007 i of the European Parliament and of the Council of 23

October 2007 on public passenger transport by road and rail (OJ L 315, 3.12.2007, p. 1).

The Directive shall only apply to such contracts for which the call for competition has been sent or, in cases where a call for competition is not foreseen, where the contracting authority or contracting entity has commenced the procurement procedure after [insert date, 24 months following the date of entry into force of this directive].

  • 2. 
    This Directive shall not apply to:

    (a) vehicles referred to in Articles 2(2)(a), (b), (c) and 2(3)(c) of Regulation (EU) 2018/858;

    (b) vehicles of category M3 other than Class I and Class A vehicles as defined in Article 3.2 and 3.3 of Regulation (EC) No 661/2009 i."

  • (3) 
    Article 4 is replaced by the following:

    "Article 4 Definitions

For the purpose of this Directive:

  • 2. 
    'contracting entities' means contracting entities as referred to in Article 4 of Directive

    2014/25/EU;

  • 3. 
    'road transport vehicle' means a vehicle of category M or N, as defined in Article 4(1)(a) and (b) of Regulation (EU) No 2018/858.
  • 4. 
    ‘clean vehicle’ means:

    (a) a vehicle of category M1, or M2 or N1 with a maximum tail-pipe emission expressed in CO 2 g/km and real driving pollutant emissions below a percentage of the applicable

    emission limits as referred to in Table 2 in the Annex , or;

    (b) a vehicle of category N1 with a maximum tail-pipe emission expressed in CO 2 g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;

    (cb) a vehicle of category M3, N2 or N3 using alternative fuels as defined in Art. 2 (1) of Directive 2014/94 i/EU 17 . In the case of vehicles using liquid biofuels, synthetic and paraffinic fuels, these shall not be blended with conventional fossil fuels;

  • 5. 
    ‘zero-emissions heavy duty vehicle’ means a clean vehicle as defined in Article 4(4)(cb) without an internal combustion engine, or with an internal combustion engine that emits less than 1 g CO 2 /kWh as measured in accordance with Regulation (EC) No 595/2009 i 18 and its implementing measures, or that emits less than 1 g CO 2 /km measured in accordance with to Regulation (EC) No 715/2007 i 19 and its implementing measures.
  • (4) 
    The following Article 4a is inserted:

    "Article 4a [Deleted]"

  • (5) 
    Article 5 is replaced by the following:

    "Article 5 Minimum procurement targets

  • 1. 
    Member States shall ensure that public procurement of vehicles and services through contracts referred to in Article 3 of this Directive complies with the minimum procurement targets for light-duty vehicles referred to in table 4 of the Annex and for heavy-duty vehicles referred to in Table 5 in the Annex. Those targets are expressed as minimum percentages of clean vehicles in the total number of road transport vehicles covered by the contracts referred to in Article 3, signed during the respective periods referred to in the Annex.

17 OJ L 307, 28.10.2014, p. 1.

18 OJ L 188, 18.7.2009, p. 1.

19 OJ L 171, 29.6.2007, p. 1.

1a. Vehicles that meet the definition of clean vehicle under Article 4(4) as a result of retrofitting may be counted as clean vehicles for the purpose of compliance with the minimum

procurement targets.

1b. In the case of contracts referred to in Article 3(1)(a), the number of road transport vehicles purchased, leased, rented or hire-purchased under each contract should be taken into account for the purpose of assessing compliance with the minimum targets.

1c. In the case of contracts referred to in Article 3(1)(b) and (c), the number of road transport vehicles to be used for the provision of services covered by each contract should be taken into account for the purpose of assessing compliance with the minimum targets.

  • 2. 
    Member States may apply or authorise their contracting authorities or contracting entities to apply higher national targets or more stringent requirements than those referred to in the

    Annex of this Directive."

  • (6) 
    Articles 6 and 7 are deleted.

(6a) Article 8 is replaced by the following:

"Article 8 Best practice exchange

The Commission shall facilitate and structure the exchange of knowledge and best practices between Member States on practices for promoting the purchase of clean and energy-efficient road transport vehicles by contracting authorities and contracting entities."

  • (7) 
    A new Article 8a is inserted.

    "Article 8a [Deleted]"

  • (8) 
    Article 9 is replaced by the following:

    "Article 9 Committee procedure

[Deleted]"

  • (9) 
    Article 10 is replaced by the following:

    "Article 10 Reporting and review

  • 1. 
    The Commission shall submit a report on the application of this Directive and on the actions taken by individual Member States for the effective implementation of this Directive to the European Parliament and to the Council every three years starting on 1 January 2027,

    following the reporting from Member States.

  • 2. 
    [Deleted]
  • 3. 
    [Deleted]
  • 4. 
    Member States shall submit to the Commission a report on the implementation of this

    Directive by 18 April 2026, and every three years thereafter. That report shall contain information on the steps undertaken to implement this Directive, including on the number and the categories of vehicles procured by authorities and entities in accordance with article 3(1), on Member States' intentions regarding future implementation activities, as well as any other information which the Member State considers relevant. Information should follow the categories contained in Regulation No 2195/2002 i on the Common Procurement Vocabulary (CPV) 20 as noted in the Annex.

20 OJ L 340, 16.12.2002, p. 1,

4a. Member States shall inform the Commission by [insert date 36 months following the entry into force of the Directive] on the steps undertaken to implement this Directive, including on Member States' intentions regarding future implementation activities, including the timing and possible effort-sharing between different levels of governance, as well as on any other information which the Member State considers relevant.

  • 5. 
    The Commission may issue guidance on the contents of Member States' reports referred to in paragraph 4.

5a. In order to support the Member States in their reporting obligations according to paragraphs 4 and 4a, the Commission shall collate and publish the number and the categories of vehicles

procured by contracting authorities and contracting entities according to this Directive by extracting the relevant data from contract award notices published on the TED Database in accordance with Directives 2014/24 i/EU and 2014/25/EU."

  • (10) 
    The Annex is replaced by the text in the Annex to this Directive.

Article 2

  • 1. 
    Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date 24 months

    following the date of entry into force] at the latest. They shall immediately 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 a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

  • 2. 
    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.

    Article 3

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

Article 4

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

Annex to the ANNEX

Information for the implementation of minimum procurement targets for clean road transport

vehicles in support of low-emission mobility in Member States

Table 1: Common Procurement Vocabulary codes referred to in Article 3

CPV Code Description

60112000-6 Public road transport services

60130000-8 Special-purpose road passenger-transport services

60140000-1 Non-scheduled passenger transport

60160000-7 Mail transport by road

60161000-4 Parcel transport services

Table 2: Emission-thresholds for light-duty vehicles

Vehicle categories Until 31 December 2025 From 1 January 2026

CO2 g/km RDE air pollutant CO2 g/km RDE air pollutant emissions* as emissions* as percentage percentage of of emission limits

emission limits** M1 vehicles 25 50 80% 0 n.a. M2 vehicles 25 50 80% 0 n.a. N1 vehicles 40 50 80% 0 n.a. * Real driving emissions of ultrafine particles in #/km (PN) nitrogen oxides in mg/km (NOx) measured according to the applicable

version of Annex IIIA, Regulation 2017/1151. Declared maximum Real driving emission (RDE) values of particles (PN) in #/km and nitrogen oxides (NOx) in mg/km as reported in point 48.2 of the Certificate of Conformity, as described in Annex IX of Directive 200746EC for both complete and urban RDE trips.

** The applicable emission limit found in Annex I of Regulation (EC) 715/2007 i, or its successors.

Table 3:

[deleted]

Table 4: Minimum target for the share of light-duty vehicles in accordance with table 2 in the total number of light-duty vehicles covered by contracts referred to in Article 3 at Member State level

From (insert date 24 months From 1 January 2026 to

following the date 31 December 2030 of entry into force

of this Directive) to Member State 31 December 2025 Luxembourg 35% 35% Sweden 35% 35% Denmark 34% 34% Finland 35% 35% Germany 35% 35% France 34% 34% United Kingdom 35% 35% Netherlands 35% 35% Austria 35% 35% Belgium 35% 35% Italy 35% 35% Ireland 35% 35% Spain 33% 33% Cyprus 29% 29% Malta 35% 35% Portugal 27% 27% Greece 23% 23% Slovenia 20% 20% Czech Republic 27% 27% Estonia 21% 21% Slovakia 20% 20% Lithuania 19% 19% Poland 20% 20% Croatia 17% 17% Hungary 21% 21% Latvia 20% 20% Romania 17% 17% Bulgaria 16% 16%

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total number of heavy-duty vehicles covered by contracts referred to in Article 3 at Member State level* Member State Trucks (vehicle category N2 and N3) Buses (vehicle category M3) *

From From 1 January From From 1 January (insert date 24 2026 to 31 December (insert date 24 2026 to 31 December months 2030 months 2030 following the date following the date of entry into force of entry into force of this Directive) of this Directive) to 31 December to 31 December 2025 2025

Luxembourg 10% 15% 4550% 6575%

Sweden 10% 15% 4550% 6575%

Denmark 10% 15% 4550% 6575%

Finland 9% 15% 4146% 5969%

Germany 10% 15% 4550% 6575%

France 10% 15% 4348% 6171%

United

Kingdom 10% 15% 4550% 6575%

Netherlands 10% 15% 4550% 6575%

Austria 10% 15% 4550% 6575%

Belgium 10% 15% 4550% 6575%

Italy 10% 15% 4550% 6575%

Ireland 10% 15% 4550% 6575%

Spain 10% 14% 4550% 6575%

Cyprus 10% 13% 4550% 6575%

Malta 10% 15% 4550% 6575%

Portugal 8% 12% 3540% 5161%

Greece 8% 10% 3338% 4757%

Slovenia 7% 9% 2833% 4050%

Czech Republic 9% 11% 4146% 6070%

Estonia 7% 9% 3136% 4353%

Slovakia 8% 9% 3439% 4858%

Lithuania 8% 9% 4247% 6070%

Poland 7% 9% 3237% 4656%

Croatia 6% 7% 2732% 3848%

Hungary 8% 9% 3742% 5363%

Latvia 8% 9% 3540% 5060%

Romania 6% 7% 2429% 3343%

Bulgaria 7% 8% 3439% 4858%

  • Half of the minimum target for the share has to be fulfilled by procuring zero-emission buses as defined in Article 4 (5).

 
 
 

3.

Meer informatie

 

4.

EU Monitor

Met de EU Monitor volgt u alle Europese dossiers die voor u van belang zijn en bent u op de hoogte van alles wat er speelt in die dossiers. Helaas kunnen wij geen nieuwe gebruikers aansluiten, deze dienst zal over enige tijd de werkzaamheden staken.

De EU Monitor is ook beschikbaar in het Engels.