EC laying down for certain road vehicles circulating within the EC the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic - Main contents

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2023)445 - Amendment of Council Directive 96/53/EC laying down for certain road vehicles circulating within the EC the maximum ...
source	COM(2023)445
date	11-07-2023

1. CONTEXT OF THE PROPOSAL

This explanatory memorandum accompanies the proposal for a directive amending 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 ¹ (hereinafter ‘the Weights and Dimensions Directive’).

• Reasons for and objectives of the proposal

The road transport sector is crucial for facilitating commerce and mobility, connecting businesses and customers across the EU and promoting economic growth and employment. By providing the means to transport goods, it supports many industries, including manufacturing, construction, and retail. It is essential for emergency response too. The sector has demonstrated its vital role in securing the distribution of essential supplies and providing humanitarian aid as well as ensuring personal mobility in emergency situations, such as the COVID-19 pandemic and Russian’s war of aggression against Ukraine.

Road transport plays a key role in the freight transport system, with more than three quarters (77.4%) of the goods transported within the EU by land ². However, it is a source of several socio-economic and environmental effects, including greenhouse gas (GHG) emissions, air and noise pollution, congestion, risks to road safety, and wear and tear of road infrastructure. Heavy-duty vehicles (HDVs), such as trucks and buses are responsible for 28% of road transport GHG emissions (6% of the EU’s overall emissions) and constitute a major source of nitrogen oxide emissions (accounting for 34% of road transport nitrogen oxide emissions in 2020). It is also a source of other air pollutants such as particulate matter ³.

Directive 96/53/EC sets out maximum authorised weights and dimensions for HDVs that move on EU roads and carry goods or passengers. It was originally designed to ensure free movement of goods and fair competition in the single market, improve road safety and prevent damage to road infrastructure. These original objectives were to be achieved by ensuring that HDVs do not exceed the limits that can compromise road safety or road infrastructure, that compliant HDVs can move freely within the EU, and that road transport operators can compete on an equal footing in terms of the loading capacity of their vehicles. The latest subsequent amendments to the Directive, adopted in 2015 and 2019 ⁴, brought environmental aspects to the Directive with the aim of reducing energy consumption and GHG emissions as well as promoting intermodal transport, whereby goods are moved in standardized cargo units (such as containers) by different modes of transport. This was done by introducing rules to allow for higher weights and/or dimensions for energy efficient and less polluting vehicles, in order to encourage the uptake of alternatively fuelled (including zero-emission) powertrains, improve vehicles’ aerodynamics and ensure interoperability with other modes of transport.

The evaluation of the Directive carried out in 2022 showed that, while the Directive is effective in promoting road safety, protecting road infrastructure and facilitating the use of road vehicles in containerised intermodal transport, it falls short on the level playing field and on decarbonisation aspects.

The problems of market fragmentation for longer and heavier vehicles and ineffective and inconsistent enforcement result largely from deficiencies in the Directive. Unclear and missing rules in the Directive have led to a patchwork of national rules and requirements, diverging interpretations and control practices. These hamper the free movement of HDVs within the EU, distort competition and lead to a loss of operational and energy efficiency. They are the main causes behind the Directive’s underperformance with regard to its objectives of ensuring the free and efficient movement of goods and fair competition.

On decarbonisation aspects, the uptake of zero-emission vehicles in the HDV fleet is currently very limited. The EU truck fleet (above 3.5 tonnes) continues to be largely dominated by fossil fuel engines, with 96.3% of all trucks in the EU running on diesel, and only 0.7% of all trucks running on alternatively fuelled internal combustion engines (natural gas and LPG). The share of electrically chargeable trucks, including electric and plug-in hybrid vehicles, is as low as 0.2%. The yearly registration of zero-emission trucks grew from 0.6% in 2016 to 7% in 2020. It is going in the right direction, but not fast enough to contribute meaningfully to the achievement of the European Green Deal ⁵ objective of a 90% reduction in GHG emissions from transport by 2050.

The European Research and Innovation framework programmes have been supporting low and zero-emission HDVs, aerodynamic features and energy efficiency challenges with specific partnerships since 2007 with the European Green Cars Initiative under FP7, the European Green Vehicle Initiative under Horizon 2020 and currently with the Towards Zero Emission Road Transport under Horizon Europe. Specific projects delivered some of the innovations, such as powered zero emission trailers and improved aerodynamics ⁶.

The low uptake of zero-emission HDVs and energy-saving solutions has multiple underlying causes, with the Directive’s deficiency having a limited contribution. The Directive fails to provide sufficient incentives for the sector to encourage investment in zero-emission technologies, such as a necessary allowance for weights or dimensions to compensate for the weight and/or size of the relevant technology and ensure at least the same loading capacity as conventional HDVs that run on fossil fuels.

This proposal intends to tackle three problems that have been identified: (i) low uptake of zero-emission HDVs: (ii) fragmentation of the market for longer and heavier vehicles; and (iii) ineffective and inconsistent enforcement. Its main objectives are to remove barriers and provide stronger incentives for the uptake of zero-emission technologies and energy-saving devices in the HDV sector, further facilitate intermodal operations, clarify the rules on the use of longer and/or heavier vehicles in cross-border operations, and make enforcement effective and efficient.

The Commission’s Communication on a Sustainable and Smart Mobility Strategy - putting European transport on track for the future ⁷ identified the revision of the Weights and Dimensions Directive as one of the key measures that can effectively stimulate demand for zero-emission vehicles and promote modal cooperation. This can help drive the transition to a zero-pollution transport system in the EU and promote innovation in the sector.

This proposal is an important piece in the raft of measures needed to green road transport. In order to be effective in boosting the deployment of zero-emission HDVs, it must go hand-in-hand with the rolling out of recharging and refuelling infrastructure ⁸, stricter zero-emission CO2 standards for HDVs ⁹, the implementation of road charging schemes based on the CO2 emission performance of HDVs and the inclusion of road transport in emission trading systems. The effectiveness of the Directive in promoting intermodal freight transport depends to a large extent on the availability and capacity of other transport modes. This Directive therefore needs to be complemented by other modal and cross-modal legislative initiatives adopted together as part of the greening freight package, in particular the measures to better manage and coordinate international rail traffic and the initiative on a common methodology for companies to calculate their greenhouse gas emissions. The planned revision of the Council Directive 92/106/EEC ¹⁰ (hereinafter ‘the Combined Transport Directive’) will also strengthen the effects of this proposal in promoting growth of intermodal transport.

• Consistency with existing policy provisions in the policy area

The revision of the Weights and Dimensions Directive is consistent with other legislative initiatives that aim at reducing emissions from transport, improving the energy and operational efficiency of cross-border operations and promoting intermodal cooperation. In particular, it provides synergies with three other Commission initiatives:

(a) the proposal for a revision of Council Directive 92/106/EEC ¹¹ (hereinafter ‘the Combined Transport Directive’), aimed at incentivising the uptake of intermodal transport;

(b) the proposal for a regulation for a harmonised framework for GHG emissions from freight and passenger transport services (the so-called ‘CountEmissions EU’ initiative), aimed at establishing a harmonised methodology to measure door-to-door GHG emissions of transport operations, which could be used by transport companies to monitor and benchmark their transport services;

(c) the proposal for a regulation on rail capacity planning and management aimed at improving the reliability, punctuality and availability of rail services by optimising the use of rail infrastructure and improving their multimodal integration.

Although these initiatives cover different modal and cross-modal aspects of the regulatory framework for land transport, they complement each other in delivering a more efficient and sustainable land transport system.

In addition, Directive 1999/62/EC (the Eurovignette Directive)¹², by addressing the need to internalise road transport’s external costs and applying ‘the polluter pays’ and ‘the user pays’ principles, will further strengthen the incentives provided by the Weights and Dimensions Directive to boost the uptake of zero-emission HDVs and encourage the use of energy-efficient trailers and semi-trailers, together with the inclusion of road transport in emission trading ¹³.

This proposal is also consistent with the proposal for the revision of the Regulation on Union guidelines for the development of the trans-European transport network, amending Regulation (EU) 2021/1153 and Regulation (EU) No 913/2010 and repealing Regulation (EU) 1315/2013 ¹⁴. It aims, among other things, at modernising the road network by improving quality standards, including the deployment of weighing mechanisms built into the road infrastructure. These are needed for better controlling compliance with the maximum authorised weight limits set in the Weights and Dimensions Directive.

In the context of matching the characteristics of a road freight heavy-duty vehicle with the state and capability of road infrastructure, the rules of the proposal for a directive of the European Parliament and of the Council amending Directive 2010/40/EU on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport ¹⁵ on the format and accessibility of data on weight, length, width, and height restrictions, are also relevant for and coherent with this initiative.

Furthermore, Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences (the Cross-Border Enforcement Directive)¹⁶ aims to improve road safety and ensure the equal treatment of drivers, namely resident and non-resident offenders. In March 2023, the Commission adopted a legislative proposal ¹⁷ to amend the Cross-Border Enforcement Directive, extending its scope to other road-safety-related traffic offences. The ‘use of an overloaded vehicle’ is one of them. The mechanism provided by the Directive could therefore be used to identify offenders and make it easier to prosecute them for infringing the rules of the Weights and Dimensions Directive.

• Consistency with other Union policies

In broader terms, this proposal fits with the overarching goals of the EU’s economy’s green and digital transformation, and in particular the Zero Pollution Action Plan, where it facilitates the uptake of zero-emission HDVs ¹⁸. It is consistent and contributes to the long-term goal of achieving climate neutrality by 2050 as set out in the European Green Deal Communication ¹⁹, as well as the EU’s commitment to reducing net GHG emissions by 55% by 2030 compared to 1990, as laid down in the European Climate Law ²⁰. Moreover, the envisaged revision is therefore consistent with the ‘Fit for 55’ package ²¹, which includes efforts to reduce reliance on fossil fuels and increase the deployment of infrastructure for alternative fuels. In terms of energy efficiency, the proposal responds to the 2022 REPowerEU Plan ²², whose key objective is to reduce dependence on Russian fossil fuels following Russia’s war of aggression against Ukraine as well as accelerate the green transition, including towards zero-emission vehicles as reflected in the proposal.

There are also clear synergies between this initiative and Regulation (EU) 2019/1242, which sets CO₂ emission performance standards for HDVs ²³. It lays down requirements on vehicle manufacturers for more fuel-efficient and zero-emission HDVs. The proposal for a revision of the Regulation, adopted by the Commission on 14 February 2023 ²⁴, extends the scope to almost all newly registered HDVs with certified CO2 emissions and sets new CO2 emission targets from 2030 onwards. To effectively reach the targets and achieve the greening objectives as swiftly as possible, the CO2 standards for HDVs need to be complemented by enabling measures that target the demand side, in particular the revision of the Weights and Dimensions Directive. This will put in place the right incentives for transport operators to invest in cleaner HDV.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis for the proposed amending Directive is Article 91(1) of the Treaty on the Functioning of the European Union. Improving the efficiency and environmental performance of road transport, while also ensuring road safety, are essential goals of the common transport policy.

According to Article 91(1), the EU has the authority to establish common rules applicable to international transport between the Member States or passing across the territory of one or more Member States.

• Subsidiarity (for non-exclusive competence)

The EU already has competence for setting out limits on the dimensions and weights of HDVs used in cross-border operations by virtue of the adoption of the Weights and Dimensions Directive. At the same time, the Directive allows Member States to permit larger and/or heavier vehicles to travel on their own territories based on their specific needs and circumstances.

Despite the Directive’s efforts to harmonise technical standards, it has shortcomings that lead to varying interpretations and inconsistent enforcement by Member States. This results in a fragmented patchwork of national requirements, which hinders the goal of creating a Single European Transport Area. EU action is necessary to remove these barriers and ensure efficient, fair, and sustainable transport operations within the internal market.

In addition, the Directive has not effectively promoted the adoption of alternative fuels, energy-saving technologies, and intermodal transport. Given the need for decarbonisation and emerging technological developments, further EU action is needed to incentivise and accelerate the deployment of zero-emission HDVs, promote innovation, improve compatibility with other modes of transport, and contribute to greening objectives.

The revision of the Directive does not restrict the Member States’ ability to address local circumstances and national operations. A public consultation revealed strong support for EU action to boost cross-border cooperation, ensure the smooth functioning of the internal market and improve the environmental performance of the transport sector.

The evaluation of the Directive acknowledges its added value in establishing EU standards for HDV weights and dimensions in cross-border operations. However, it also identifies deficiencies, such as legal loopholes and outdated standards that hinder technological progress and decarbonization efforts. Without coordinated EU action, Member States would need to act individually, leading to market fragmentation, competitive distortions and discriminatory practices. Moreover, national initiatives alone are insufficient to address EU-wide problems and achieve decarbonization targets.

EU action is therefore essential to address these issues effectively, ensure the harmonised functioning of the internal market, promote environmental performance, and provide stability for long-term planning by road transport operators and HDV manufacturers.

• Proportionality

The proposal strikes the right balance between achieving the desired objectives of harmonisation, decarbonisation and enforcement in an effective manner while ensuring that the proposed measures do not go further than what is necessary to resolve the problems identified or meet the policy objective.

The proposal helps improve the energy and operational efficiency of cross-border transport operations and strengthen enforcement effectively. It does not impose significant costs on operators and only entails some upfront investment costs for Member States. This progressive and efficient way towards achieving the objectives will allow a smooth ‘green’ transition for authorities and operators.

It strikes the right balance between establishing minimum standards at EU level for decarbonisation and enforcement of the applicable rules and giving Member States flexibility in setting more ambitious solutions, in particular as regards enforcement tools.

The proportionality of the proposal is based on a careful assessment of all policy options analysed under the impact assessment that accompanies this proposal (see sections 7.4 and 8.1 of the impact assessment report for more details)²⁵.

• Choice of the instrument

Given that the proposal consists of several amendments to the Weights and Dimensions Directive, the future legal instrument should therefore be a Directive. This allows for targeted harmonisation as well as a certain degree of flexibility for Member States to take into account specific national features.

As the amended Directive maintains its structure and its substance is not affected, a recast is not required.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

In 2022, the Commission launched an ex-post evaluation to assess the performance of the Weights and Dimensions Directive based on its effectiveness, efficiency, relevance, coherence, and EU added value. The evaluation was carried out ‘back-to-back’ with the impact assessment for the revision of the Directive. It followed the Commission’s Better Regulation principles ²⁶.

The evaluation examined the effects that the Directive has had in terms of ensuring the free movement of goods, improving energy efficiency, reducing GHG and mitigating road safety risks. It also assessed which rules worked well and which did not, and why. It covered the period from September 1997 until 31 December 2021.

The main findings of the evaluation were as follows:
The aim of these activities was:
The following consultation activities took place in 2022:
Article 1 amends Council Directive 96/53/EC. The main rules that substantially change the Directive or add new elements are the following:
Article 4 is amended as follows:

1. The main findings of the evaluation were as follows:

A patchwork of national and bilateral derogations, together with administrative, technical and safety requirements governing operations by heavier and/or longer vehicles has emerged, despite the anticipated better degree of regulatory harmonisation that the Directive intended to achieve;

The use of alternatively fuelled HDVs and improved aerodynamics to increase the energy efficiency of road transport operations and reduce GHG emissions has not yet yielded meaningful results;

Enforcement of the rules varies significantly between Member States in terms of the number of controls, effectiveness in detecting infringements, control tools and practices;

Restrictions to the cross-border transport of heavier and/or longer vehicles was considered the main source of operational and energy inefficiencies, entailing unnecessary administrative burdens and costs for road transport operators;

There are certain internal inconsistencies in the rules of the Weights and Dimensions Directive, which is mainly due to the fact that the Directive tries to balance various objectives pursued while simultaneously recognising differences between Member States on infrastructure standards and operational conditions;

The EU added value was acknowledged when the Directive was approved, and the justifications for this added value are still persuasive as the Directive has given road transport firms a level playing field;

The Directive’s objectives are still relevant. Its goals of improving the energy and operational efficiency of transport operations, facilitating intermodal transport and ensuring fair competition while safeguarding road safety and infrastructure protection continue to reflect present and future needs and fit well with the policy objective of developing an equitable, safe, sustainable, and resilient transport system in the EU.

The main conclusion of the evaluation is that the Directive was only partially successful in achieving its objectives of strengthening the internal market, improving the energy and operational efficiency of road transport operations, contributing to road safety and to the protection of road infrastructure. On the one hand, the common technical standards for HDVs have enabled more effective, safe and fair cross-border operations within the EU internal market. On the other, the high number of national derogations and requirements established by Member States in line with the Directive have led to fragmentation of certain segments of the market and to operational inefficiencies. While the Directive has helped to increase the share of containerised intermodal transport and to improve the energy and operational performance of operations in the Member States allowing for longer and heavier vehicles, its overall contribution to the energy efficiency of freight transport operations in the EU, including through the uptake of aerodynamic devices and alternatively fuelled powertrains (including zero-emission ones), has been very limited. The Directive is considered effective in promoting road safety and in reducing infrastructure wear and tear.

• Stakeholder consultations

Stakeholder consultations were carried out in 2022 and 2023 during the ex-post evaluation and the impact assessment, in line with the Better Regulation principles. Open and targeted consultation methods and various consultation tools were used.

2. The aim of these activities was:

collect information and opinions of stakeholders on the main issues related to the implementation of the Directive, key problems and their drivers as well as on the desirable changes to the regulatory framework;

gather specialised input (data and information, expert views) on specific aspects of the regulatory framework;

gather information and views on the potential impacts of different policy measures.

3. The following consultation activities took place in 2022:

• a consultation on the call for evidence – from January to February 2022;

• an open public consultation - from April to July 2022;

• a survey that targeted different stakeholder groups – from September to October 2022;

• two workshops - one targeted at industry stakeholders, another at Member States in December 2022.

In addition, a number of bilateral and multilateral meetings with different stakeholders (from road, rail, and combined transport sectors, truck manufacturers, business associations, road infrastructure authorities, and national authorities) took place, with several position papers received and analysed throughout 2022 and in the first quarter of 2023.

The stakeholders consulted included: road infrastructure authorities, road transport firms, business associations, shippers, forwarders, Member State national authorities, HDV manufacturers and original equipment manufacturers, other relevant stakeholders (from civil society, non-governmental organisations as well as academia), and the public.

The key themes explored in the first three stakeholder consultation activities largely followed the various elements of the evaluation matrix, namely effectiveness in achieving the objectives, efficiency, relevance, coherence and EU added value.

A common theme in the feedback to the call for evidence was the lack of uniform EU rules on cross-border transport between Member States allowing longer and heavier vehicles under the current Weights and Dimensions Directive. In the open public consultation, respondents also identified the Directive’s failure to effectively address the energy efficiency of road transport. Overall, the stakeholders confirmed the problems initially identified and their European dimension, and broadly supported the decarbonisation, harmonisation and enforcement objectives of the revision. The stakeholder consultations also suggested potential solutions to the problems identified.

The decarbonisation measures, such as raising the maximum weights and dimensions of HDVs to compensate for the size and weight of zero-emission technologies, as well as allowing cross-border transport by heavier and/or longer vehicles between neighbouring Member States that permit the same standards for weights or dimensions on their territories, were largely supported by the stakeholders. At the same time, due to concerns about the effects on road infrastructure and a potential modal backshift from rail to road, a few Member States and rail/intermodal transport stakeholders expressed a reluctance to authorise cross-border long-distance operations by heavier and/or longer vehicles. The additional greening incentives, such as increasing maximum weight for zero-emission HDVs irrespective of the weight of the zero-emission technology and taking into account trailers and semi-trailers as intermodal transport units, were well received by all stakeholder groups.

The authorities and industry also called for a harmonisation of vehicle carrier loaded length and setting a minimal level of inspections on overloaded HDVs. Stakeholders also strongly supported the harmonisation and simplification of administrative processes pertaining to permits for the transport of indivisible loads.

• Collection and use of expertise

The Commission’s own work on the ex-post evaluation and impact assessment was supported by two external studies carried out by an independent consortium led by Transport & Mobility Leuven and Ramboll Management Consulting. It also consisted of Panteia, LNEC, Apollo Vehicle Safety, and individual subcontracted experts.

Important data and information was collected in the implementation report ²⁷ prepared by the Commission, with technical support from the external contractor COWI.

During the ex-post evaluation and impact assessment, the Commission Interservice Steering Group composed of experts from relevant EU policy areas (environment, climate, energy, internal market, employment) was regularly consulted.

In addition, industry stakeholders, including green technology developers, vehicle manufacturers, sectoral associations (from road and rail), road authorities and many others were consulted.

• Impact assessment

This proposal for an amendment of the Weights and Dimensions Directive is accompanied by an impact assessment report. The draft report was submitted to the Regulatory Scrutiny Board on 26 April 2023, with the Board issuing its positive opinion with reservations on 26 May 2023 ²⁸. The report was adjusted accordingly to address the reservations as well as more detailed comments from the Board. The impact assessment provides a detailed explanation of the policy options, included in section 5, while section 6 provides a comprehensive analysis of the impact of all options.

Three policy options were designed to address the problems identified and problem drivers, focusing on decarbonisation, harmonisation, and enforcement objectives. All options help achieve the initiative's objectives, albeit with varying levels of effectiveness and efficiency.

Policy Option A (PO-A) consists of seven policy measures common to all three options. It focuses on the removal of barriers to the uptake of zero-emission vehicles and energy-saving solutions by granting additional weight and length allowances to compensate for the weight and/or size of such technologies. It harmonises the loaded length of vehicle transporters and clarifies the rules applicable to the use of heavier and/or longer vehicles (i.e., 44-tonne HDVs and European Modular Systems) in cross-border operations, and supports all types of operations, including non-containerised intermodal transport. PO-A incentivises further intermodal containerised transport by allowing additional height to accommodate high cube containers in road legs of intermodal transport operations. It also strengthens enforcement by establishing a minimum level of controls to be conducted by Member States and provides minimum requirements to Member States willing to implement intelligent access policies in order to ensure harmonisation and interoperability of these schemes across the EU.

Policy Option B (PO-B) has a broader scope than PO-A. It incorporates the seven common policy measures along with additional measures that provide stronger incentives for the uptake of zero-emission vehicles by raising the weight limit for zero-emission HDVs from maximum 42 tonnes at present (considered insufficient to compensate for the weight of some of the current zero-emission technology) to 44 tonnes, irrespective of the weight of the zero-emission technology. This measure enables operators to gain additional loading capacity if the zero-emission technology becomes lighter and smaller. PO-B further facilitates intermodal transport by classifying lorries, trailers and semi-trailers as intermodal transport units that will benefit from the same extra weight allowance of 4 tonnes as road vehicles that carry containers or swap bodies. PO-B also provides for more harmonisation of administrative requirements relating to the issuance of permits for the carriage of indivisible loads by vehicles that exceed the weight and dimension limits set in the Directive. It also introduces measures that make enforcement more targeted and more efficient thanks to the use of weighing mechanisms to be installed in road infrastructure. To support the transition to zero-emission operations, PO-B sets a target date after which heavier HDVs (44 tonnes), that are permitted by PO-A for use in cross-border transport, must be zero-emission or used for intermodal operations. PO-B offers advantages to operators, but it requires some expenditure and regulatory changes from Member States.

Policy Option C (PO-C) also includes the seven common policy measures and additional measures on harmonisation, decarbonisation and enforcement. It expands the operational domain of European Modular Systems (EMS) throughout the EU territory (not limited, as in PO-B, to Member States that allow EMS in national transport), introduces higher safety standards and qualification requirements for the circulation of EMS, establishes corridors for the transport of indivisible loads and imposes further enforcement obligations on Member States. PO-C offers higher operational efficiency, environmental benefits, and enforcement of the rules, but comes with a higher level of intervention and higher costs for Member States. These are linked to the maintenance and reinforcement of road infrastructure, and additional compliance costs for operators.

All policy options address the problems identified and their drivers and help achieve specific and main objectives, albeit with a different level of effectiveness and efficiency.

The analysis of the efficiency of the policy options suggests that the total benefits, which vary between the options from EUR 20 billion (PO-A), EUR 80.2 billion (PO-B) to EUR 97 billion (PO-C), outweigh the total costs ranging from EUR 1.9 billion (PO-A), through EUR 6.5 billion (PO-B) to EUR 15.1 billion (PO-C). PO-B shows the highest benefit-to-cost ratio (12.3), followed by PO-A (10.7) and PO-C (6.4).

Based on the comparison of the three policy options in terms of effectiveness, efficiency, coherence subsidiarity and proportionality, the impact assessment concludes that PO-B is the most suitable one. It is more effective in addressing all specific objectives than PO-A, with only slightly higher costs to be borne by Member State authorities in the short term. PO-B is slightly less effective than PO-C, in particular with regard to enforcement and incentivising the greening longer and/or heavier vehicles. However, PO-B appears to be more feasible and easier to implement than PO-C regarding the operational conditions for circulation of longer and/or heavier vehicles (including abnormal transport) and for control measures. PO-B ensures a balance between the objectives that must be achieved and the costs and proportionality of intervention, as well as ease of implementation.

The Directive directly contributes to the UN Sustainable Development Goal # 13 (‘Take urgent action to combat climate change and its impacts’)²⁹, with 1,592.7 thousand tonnes of CO₂ emissions saved in 2030 and 54.6 thousand tonnes of CO₂ emissions saved in 2050. Cumulatively over 2025-2050, the proposal would reduce CO₂ emissions by 27.8 million tonnes (1.2% of the CO₂ emissions from freight transport). The external costs of CO₂ emissions, expressed as the current value over 2025-2050 relative to the baseline, are estimated to fall by EUR 3.5 billion. This reduction in CO₂ emissions is driven by the higher use of zero-emission HDVs, the shift to intermodal transport and decrease in the number of trips (driven by the increased payload). It also contributes to Sustainable Development Goal # 3 (‘Ensure healthy lives and promote well-being for all at all ages’)³⁰ with 5.1 thousand tonnes of NOx emissions saved in 2030 and 0.7 thousand tonnes of NOx emissions saved in 2050, 1 thousand tonnes of particulate matter emissions saved in 2030 and 0.4 thousand tonnes of NOx emissions saved in 2050, together with a reduction in the external costs of noise emissions of EUR 0.7 billion (expressed as the current value over 2025-2050 relative to the baseline) and 411 lives saved, cumulatively over 2025-2050, relative to the baseline. The lives saved (i.e. reduced fatalities from accidents) are enabled by the shift to intermodal transport and the decrease in the number of trips (driven by the increased payload).

• Regulatory fitness and simplification

This proposal is part of the 2022 Commission work programme under Annex II (REFIT initiative), under the heading ‘A New Push for European Democracy’³¹. It has an important REFIT dimension in terms of simplifying and aligning the technical requirements and administrative procedures that Member States apply to longer and/or heavier vehicles traveling in their territories and in cross-border operations. The initiative will reduce the administrative burden for operators related to diverging and costly requirements for permits to transport abnormal or indivisible loads.

A significant cost burden resulting from the current Weights and Dimensions Directive consists in the implications for operators who are hindered from performing cross-border operations by longer and/or heavier vehicles that are allowed in two (or more) neighbouring Member States. Lack of clarity in the Directive’s rules leads to diverging national interpretations as regards cross-border operations by these vehicles and results in a patchwork of practices. In some cases, operators are obliged to partially unload the vehicle before crossing the border, whereas in others they may freely cross the border based on bilateral arrangements between the two Member States. The initiative will remove the legal uncertainty over border crossing operations by longer and/or heavier vehicles (e.g. car transporters, EMS, 44-tonne HDVs) and the related administrative burden. In addition, by establishing common standards for the enforcement of cross-border rules, more legal certainty will be created for operators, manufacturers and authorities.

The introduction of harmonised rules and conditions for cross-border operations by vehicles that exceed certain weights and dimensions means that the initiative will simplify and improve the efficiency of the legislation overall. It will reduce regulatory burden for operators and contribute to the smooth, fair and safe functioning of the internal road transport market.

• Application of the ‘one in, one out’ approach

This approach consists of ‘offsetting any new burden for citizens and businesses resulting from the Commission proposals by removing an equivalent existing burden in the same policy area’.

PO-B is expected to lead to administrative costs savings for road transport operators due to a reduction in the time needed to prepare and submit requests for the issuance of special permits for the transport of indivisible loads (EUR 1.2 billion, expressed as the current value over 2025-2050 relative to the baseline), enabled by the harmonisation of application forms and procedures. For the purpose of the ‘one in, one out’ approach, the annual administrative costs savings are estimated at EUR 71.8 million per year due to a reduction in the time needed to prepare and submit requests for the issuance of special permits for the transport of indivisible loads.

Fundamental rights

The proposal respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union ³². It contributes to the objective of achieving a high level of environmental protection in accordance with the principle of sustainable development as laid down in Article 37 of the Charter.

4. BUDGETARY IMPLICATIONS

The proposal is expected to lead to adjustment costs for the Commission. These are linked to the establishment of technical and operational standards for information exchange on the transport of indivisible loads and to the development of Intelligent Access Policies (IAP) standards.

The establishment of technical and operational standards for information exchange on the transport of indivisible loads will be done in two steps. At first, a study will be carried out to compile the required elements and propose several options for the establishment of the standards. In a second stage, the findings of the study will be used to draft the standards with the help of an expert group. The cost of the initial study is estimated at EUR 400 000. Two in-person workshops will be needed. The average cost for a two-day workshop hosted by the Commission is estimated atEUR 30 000. The one-off adjustment costs are therefore estimated at EUR 460 000.

The development of IAP standards will also proceed in two steps. First, a study will be carried out followed by two workshops and elaboration of standards with the help of an expert group. The cost of the study is estimated at EUR 400 000. The average cost for a two-day workshop hosted by the Commission is estimated at EUR 30 000. Two of such in-person workshops will be needed. Compensation for the experts contributing to the meetings is estimated at EUR 5 000 for each meeting. Therefore, the one-off adjustment costs for PMc7 are estimated at EUR 470 000.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

The Commission will monitor and evaluate the actual impact of the legislation through different actions and a set of indicators allowing it to measure progress in achieving specific and operational objectives. The monitoring actions include regular (2-yearly) reporting by Member States on the number and type (random, targeted and automated) of compliance controls performed and the number and category of infringements detected. Based on these national submissions the Commission will prepare 2-yearly reports for the European Parliament and the Council on implementation by the Member States of the rules on weights and dimensions of HDVs. It will draw conclusions on the compliance by Member States’ with their enforcement obligations and on the observance by operators of the rules on weights of HDVs. Regular reporting will also help observe trends in compliance levels and in the effectiveness of enforcement activities and tools. The Commission will continue working with the Expert Group on Weights and Dimensions, which will help it identify and discuss cases of divergent interpretations of the EU rules on weight and dimensions and different national requirements and enforcement practices. The aim is to establish common approaches and issue guidance where needed. In addition, the monitoring and information systems that will be established by Member States will help assess developments in the use of EMS and their operational domain, the level of transport of indivisible loads and national operational conditions.

• Detailed explanation of the specific provisions of the proposal

4. Article 1 amends Council Directive 96/53/EC. The main rules that substantially change the Directive or add new elements are the following:

Article 1(1)

Article 1 is amended to update the references to relevant legislation on the type-approval and market surveillance of vehicles and their trailers, and systems, components and separate technical units intended for such vehicles.

Article 1(2)

Article 2 is amended to align the definitions of ‘trailer’ and ‘semi-trailer’ and the procedures to measure the maximum authorised dimensions with those of the vehicle type-approval legislation, adding the key definitions of ‘European Modular System’ and ‘vehicle transporter’ and the definition of ‘eFTI platform’ pursuant to Regulation (EU) 1056/2020 ³³.

The definition of intermodal transport operation and necessary references to these kinds of transport in the revised version of Annex I is also amended to allow lorries, trailers and semi-trailers used in intermodal operations to benefit from the same extra weight allowances as for road vehicles that carry containers or swap bodies and are used in containerised intermodal transport. This will encourage road transport operators to also engage in non-containerised intermodal transport.

Article 1(3)

5. Article 4 is amended as follows:

- To provide legal clarity on the circulation of HDVs that exceed the weights and dimensions set in the Directive, paragraph 1, point (c) confirms that where Member States make use of national derogations allowed under paragraph 2, this does not automatically generate the right to cross-border operations by heavier and/or longer vehicles;

- Paragraph 3 reflects the fact that the transport of indivisible loads can also lead to excess in weights as well as excess in dimensions. Further on, it requires Member States to simplify and streamline the procedures for the issuance of national permits or the adoption of similar arrangements for the transport of indivisible loads in order to minimise the administrative burden for operators and avoid delays. It also introduces the obligation of cooperation between Member States with regard to the requirements on vehicle signalling or markings, and prevents disproportionate barriers in the form of national language requirements;

- A new paragraph 4a sets out the conditions for the circulation of European Modular Systems (EMS), which may be used outside of the trial schemes covered by paragraph 5, and without being confined to their role as a safeguard to ensure fair competition as set out in Article 4(4)(b). To ensure fair conditions of competition and non-discrimination, this new paragraph allows Member States to authorise EMS in national and international traffic provided that specific conditions are fulfilled, including the relevant information made available to road operators in a clear, accessible and transparent manner, namely via a single national information and communication system set by those Member States;

- The amendment to paragraph 5 allows for the extension of the geographical scope of trials aimed at testing, assessing and progressively introducing new technologies and schemes, including EMS, which could be conducted also across borders, strengthens their temporary nature and sets up a maximum period of 5 years for such trials with EMS. The new subparagraph provides that Member States must set up a monitoring system to take advantage at EU level of the lesson learnt from the technology tested in trials as well as ensure the comparability of the information gathered, including the impact of EMS;

- A new paragraph 5a empowers the Commission to define the minimum sets of data and performance indicators that will have to be provided by the national monitoring systems for monitoring the use of EMS and trials.

Article 1(4)

A new Article 4a is inserted, according to which Member States must set up and manage a national electronic information and communication system that provides a single point of access for operators to obtain all the necessary information to carry indivisible loads, use EMS in the Member States that allow them to do so and submit applications for obtaining permits for the transport of indivisible loads. To further facilitate the administrative procedures, this rule also sets out that the Commission may establish a common standard application form for operators of indivisible loads and further harmonise rules and procedures for the issuance of permits.

Article 1(5)

A new Article 4b removes artificial barriers to the cross-border movement of heavier lorries that prevent road transport from improving its operational, energy and environmental efficiency in the transition to zero-emission operations. It temporarily allows the use of 44-tonne HDVs running on fossil fuels in international road-only operationsbetween those Member States that accept such heavier vehicles in national operations. It also temporarily allows their use in intermodal transport, whereby the additional weight is allowed. The transition period is such that it ensures the sufficient availability of zero-emission HDVs in the market, providing operators with the necessary time to renew their current fleets. The date at which this temporary measure will expire is linked to the expected increase in the uptake of zero-emission vehicles, which are projected to be around 50% of the new registrations, according to the analysis in the Impact Assessment accompanying the Commission proposal to amend Regulation (EU) 2019/1242 (SWD(2023) 88 final).

Article 1(6)

An amended Article 6(1) updates the references to the applicable EU rules, whereas the amended paragraph 5 aligns the reference to the information that must be included in the proof of compliance with the maximum weights set out in Annex I.

A new paragraph 7 to Article 6 requires that the organiser of the intermodal transport operation makes available the relevant data on the carriage of freight via an electronic freight transport information (eFTI) platform in accordance with Regulation (EU) 2020/1056 and that this information is accessible to the relevant authorities.

Article 1(7)

An amended Article 8b updates the references to the applicable EU rules on type-approval legislation.

Article 1(8)

With limited potential to improve their energy performance, vehicle carriers with open bodies are currently allowed in the majority of Member States to exceed the maximum authorised length for overhanging loads, significantly increasing their loading capacity. A new Article 8c harmonises the rules on overhanging loads for these vehicles and confirms the lawfulness of their use in international transport.

Article 1(9)

An amended Article 9a(1) clarifies that the excess in maximum lengths provided for elongated cabs can be such that is can accommodate also zero-emission technologies, such as batteries and hydrogen tanks, in vehicles equipped with elongated cabs. It further updates the reference to the applicable EU rules on type-approval legislation contained in paragraph 2.

Article 1(10)

By replacing Article 10b, and also by including the necessary changes in the revised version of Annex I, the proposal sets out derogations from the maximum weights and dimensions of zero-emission HDVs that compensate for the weight and space of zero-emission propulsion systems and related equipment. Furthermore, with the amendments in Annex I, the proposal removes the condition that the maximum extra weight for zero-emission HDVs is limited to the weight of the zero-emission technology.

Article 1(11)

Article 10c is amended as a result of the addition of a new paragraph to Article 10b, so as to clarify that the possibility for the maximum lengths referred to in that provision are subject, where applicable, also to Article 10b(2).

Article 1(12)

Article 10d takes account of the minimum deployment of weigh-in-motion systems in the trans-European road transport network envisaged in the Commission’s proposal for a Regulation on Union guidelines for the development of the trans-European transport network. This ensures external coherence between the two legal instruments and supports the enforcement requirements set out in this Article. Paragraph 2 of Article 10d also sets out a minimum level of compliance controls to be performed by the Member States, including the controls at night time.

Article 1(13)

A new Article 10da sets out minimum common conditions for the voluntary deployment of Intelligent Access Policy schemes by the Member States and ensures that they are aligned with the legal framework set out under Directive 2010/40/EU, in particular on the exchange of relevant data in real-time. It further clarifies that these schemes are conceived as a tool to better enforce traffic rules and should not give rise to discriminatory or disproportionate restrictions on the free movement of goods and services that impede the smooth functioning of the internal market.

Article 1(14)

By amending Article 10f, and by including the necessary changes to Annex I, the maximum height of vehicles or vehicle combinations that carry containers with a standard external height of 9’6’’ft (high cube containers) is increased to further facilitate the development of intermodal transport.

Article 1(15)

Article 10g specifies information that is necessary to evaluate the performance of the Directive in an adequate and regular manner, evaluate its impact on the transport system as a whole as well as monitor trials and schemes deployed in Member States to ensure that they benefit the EU, without creating an unnecessary or unjustified burden on the Member States. The Commission will introduce a standard reporting form in electronic format to facilitate the reporting obligations of Member States and ensure comparability of the information provided.

Article 1(16)

Article 10h(2) clarifies that the power to adopt delegated acts that is conferred on the Commission under that provision also covers the delegated acts referred to in Article 4(5a).

Article 1(17)

A new paragraph 4 in Article 10i provides a reference to the procedure that the Commission should follow to adopt implementing acts of immediate application, adequate for emergency provision.

Article 1(18)

Article 10j is deleted as the Commission has already fulfilled its obligation under this Article by publishing the report in question.

Article 1(19)

Article 10k introduces an emergency provision to provide the necessary flexibility for Member States to face crisis situations, including those taking place outside the EU. The emergency clause can be used temporarily to grant exceptions to the rules laid down in the Directive either by individual Member States or, when affecting more than one, by the Commission by means of implementing acts of immediate application.

Article 1(20)

Annex I is replaced to introduce necessary changes relating to certain values of certain types of HDVs, including the ones referred to above and concerning Articles 2, 10b and 10f(1), and to make the values laid down in the Annex clearer. The changes to the values concern the extra height for vehicles that carry high cube containers, the maximum weight of 5-axle motor vehicles, and the fixed amount of extra weight and extra axle weight for zero-emission vehicles.

Article 1(21)

Annex III is amended to update the reference to the applicable EU rules.

Article 2

A new indent (vi) is inserted to Article 2(1), point (a) of Regulation (EU) 2020/1056 to apply this Regulation to the regulatory information requirements set out in Article 6(6) of Directive 96/53/EC.

Article 3

Article 3 specifies the deadline for the transposition of the amended Directive by Member States.

Article 4

Article 4 sets out the date of entry into force of the amended Directive, on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 5

Article 5 addresses the amended Directive to Member States.

Please note

Contents

1.

The main findings of the evaluation were as follows:

2.

The aim of these activities was:

3.

The following consultation activities took place in 2022:

4.

Article 1 amends Council Directive 96/53/EC. The main rules that substantially change the Directive or add new elements are the following:

5.

Article 4 is amended as follows: