520 as regards the CO2 emission class of heavy-duty vehicles with trailers - Main contents

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dossier	COM(2023)189 - Amendment of Directive 1999/62/EC, Council Directive 1999/37/EC and Directive (EU) 2019/520 as regards the CO2 emission ...
document	COM(2023)189
date	May 4, 2023

(1) The adoption of Directive (EU) 2022/362 of the European Parliament and of the Council ⁰ strengthened the ‘polluter pays’ and ‘user pays’ principles through the introduction of mandatory charging on the basis of CO2 emissions, either by varying the infrastructure and user charges according to vehicles’ CO2 emissions or by applying an external-cost charge for CO2 emissions. Currently, road charges of vehicle combinations comprising a motor vehicle and a trailer are variated on the basis of the CO2 emissions of the motor vehicle, irrespective of the characteristics of the linked trailer, notably of its effect on the CO2 emissions of the vehicle combination.

(2) Although a trailer does not consume energy by itself, it requires energy from the towing motor vehicle to be moved. The optimization of the energy efficiency of trailers leads to the reduction of the CO2 emissions of conventional vehicles and to the increase in vehicles’ autonomy. Such optimization of trailers derives from the improvements of aerodynamic performance, rolling resistance and weight of trailers. The energy efficiency potential is around 7,5% for drawbar trailers and 15% for semi-trailers as compared to a reference trailer of the year 2020. Therefore, trailers could play an important role in the decarbonisation of the road freight transport sector. However, the market uptake of more efficient trailers is hampered by their higher prices and by the fact that until now buyers of trailers have not been able to compare different trailers in terms of their energy efficiency. This leads to a limited availability of energy efficient trailers on the market. Aerodynamic devices are already available on the market and will become more available in the future, but they are not commonly used in the current Union fleet.

(3) Commission Implementing Regulation (EU) 2022/1362 ⁰ set out legally certified values for the effect of trailers on the CO2 emissions of heavy goods vehicle combinations. To further reduce the operational cost of more efficient trailers, the rules to include the effect of trailers on the CO2 emissions of heavy goods vehicle combinations in road charging schemes based on CO2 differentiation should be laid down. Since motor vehicles can be linked to different trailers, the inclusion of trailers in road charging schemes based on CO2 differentiation should be based on the trailer actually used.

(4) The extension of charging on the basis of CO2 emissions to trailers should apply to trailers to which Implementing Regulation (EU) 2022/1362 applies. Performance of trailers may vary depending on their technical parameters. To evaluate the performance of trailers in terms of energy efficiency, the performance in terms of CO2 reduction potential of a specific trailer is compared with the performance of a reference trailer, which is similar in terms of axle configuration, maximum permissible axle load and chassis configuration. The ratio between the value of the specific trailer and that of the reference trailer is defined in Implementing Regulation (EU) 2022/1362 as efficiency ratio. More efficient trailers have an efficiency ratio value lower than 1.

(5) The calculation of the efficiency ratio can be based on kilometre, ton-kilometres or m3-kilometre. For all trailers except volume-oriented ones, the ton- kilometre based efficiency ratio should be used. Volume-oriented trailers are those that are primarily designed for the transport of voluminous goods. The ton-kilometre based efficiency ratio cannot be used for volume-oriented trailers because these trailers have higher rolling resistance and mass than their traditional counterparts. For volume-oriented trailers, the efficiency ratio – m3-kilometre based should be used instead.

(6) The CO2 emission class of a vehicle combination with a more efficient trailer should be higher than the CO2 emission class of the motor vehicle alone, therefore granting access to a higher reduction of road charges. The effect of the CO2 emission reduction potential of a trailer on the CO2 emission class of a vehicle combination should be based on the comparison between the efficiency ratio of the specific trailer with the efficiency ratio thresholds referred to in this Directive. Different thresholds are foreseen for semi-trailers and for other trailers as their potential to reduce CO2 emissions in a cost-efficient way is different.

(7) Where the Member State includes the effect of trailers on the CO2 emissions of heavy goods vehicle combinations in road charging schemes on its territory and imposes specific charges on vehicle combinations deviating from the maximum weights and/or dimensions laid down in Council Directive 96/53/EC ⁰, that Member State should be allowed to apply the reduction of road charges to such vehicle combinations that employ at least one more efficient trailer.

(8) The Commission should be empowered to amend Annex VIII to Directive 1999/62/EC, by means of delegated acts, to define or adjust the efficiency ratio thresholds set out therein, and to define a methodology for the allocation to trailer classes of trailers that have undergone a retrofitting process, especially those to which an efficiency ratio was not assigned in accordance with Implementing Regulation (EU) 2022/1362. The definition of the efficiency ratio thresholds should be made as soon as data on the efficiency of trailers is collected for at least one year pursuant to Regulation (EU) 2018/956 of the European Parliament and of the Council ⁰. The efficiency ratio thresholds should be based on the average efficiency of the trailer fleet when reference CO2 emissions for such vehicles are published, and on the potential that trailers have to generate efficiency improvements. They should then be adjusted to reflect technical progress and an increasing penetration of new technologies, such as trailers with driven axles. The definition of a methodology for retrofitted trailers should consider the installation of equipment improving their energy, such as aerodynamic devices, that can be verified during the periodic roadworthiness test and that should be reported on the roadworthiness certificate, as referred to in Directive 2014/45/EU of the European Parliament and of the Council ⁰.

(9) In order to ensure that drivers correctly declare the performance of the trailer connected to the motor vehicle when making use of the reduction of charges based on CO2 emissions, it is necessary that enforcement officers are provided, upon request, with evidence of the emission class of the vehicle combination, that is including evidence attesting the performance of the trailer. If such evidence is not provided, a Member State would be entitled to apply charges on the basis of the emission class of the motor vehicle only.

(10) In order to ensure the coherent application of road charges variation according to CO2 emissions, it is necessary to amend Council Directive 1999/37/EC ⁰ to require, where available on their certificate of conformity or on the individual vehicle approval certificate, that the efficiency ratio of trailers be indicated on their registration certificate. It is important to ensure that data relating to the efficiency of trailers are available for the exchange of information between Member States, as set out in Directive (EU) 2019/520 of the European Parliament and of the Council ⁰.

(11) Additionally, it is appropriate to amend Directive 1999/62/EC for the purpose of reflecting the new structure of Regulation (EU) 2019/1242, as amended by [add reference once known]. The necessary changes aim at preserving the current meaning of the definitions of zero-emission vehicle, low-emission vehicle, reference CO2 emissions and emission reduction trajectory, and should update the latter one so as to harmonise its applicability with the abovementioned Regulation after 2030. These changes should also preserve the obligation to variate infrastructure and user charges and the time from which this obligation applies. As regards vehicle sub-groups already covered by the Regulation, these changes should in particular clarify that this obligation applies from 13 May 2023, namely two years after the date of publication of Commission Implementing Decision (EU) 2021/781 ⁰, which specifies reference CO2 emissions for those vehicle sub-groups. To ensure the timely adoption of these changes in respect to the date of entry into force of the amendments to Regulation (EU) 2019/1242, a one-year deadline for transposition into national legislation should be established.

(12) Directives 1999/62/EC, 1999/37/EC and (EU) 2019/520 should therefore be amended accordingly.