Council of theEuropean Union
Brussels, 16 July 2021
(OR. en)10877/21
Interinstitutional File:
2021/0223(COD)
TRANS 478
CLIMA 194
ECOFIN 747
AVIATION 205
MAR 138
ENV 529
ENER 329
CODEC 1100
IND 200
COMPET 556
PROPOSAL
From:

Secretary-General of the European Commission, signed by Ms Martine
DEPREZ, Director

date of receipt:
To:

15 July 2021
Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Councilof the European Union

No. Cion doc.:

COM(2021) 559 final

Subject:

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL on the deployment of alternative fuels infrastructure,and repealing Directive 2014/94/EU of the European Parliament and of
the Council

Delegations will find attached document COM(2021) 559 final.

Encl.: COM(2021) 559 final

10877/21

PD/np
TREE.2.AEN

EUROPEAN
COMMISSION

Brussels, 14.7.2021
COM(2021) 559 final
2021/0223 (COD)

Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the deployment of alternative fuels infrastructure, and repealing Directive
2014/94/EU of the European Parliament and of the Council(Text with EEA relevance){SEC(2021) 560 final} - {SWD(2021) 631 final} - {SWD(2021) 632 final} {SWD(2021) 637 final} - {SWD(2021) 638 final}

EN

EN

EXPLANATORY MEMORANDUM
1.

CONTEXT OF THE PROPOSAL

This proposal concerns the creation of a new Regulation for the deployment of alternative
fuels infrastructure. The new Regulation will repeal Directive 2014/94/EU of the European
Parliament and of the Council on the deployment of alternative fuels infrastructure1.
1.1.

Reasons for and objectives of the proposal

Mobility and transport are essential for everyone living in Europe and for the European
economy as a whole. Free movement of people and goods across the internal borders of theEuropean Union is a fundamental freedom of the EU and its single market. Mobility brings
many socio-economic benefits to the European public and businesses, but also has a
growing impact on the environment, including in the form of increased greenhouse gas
emissions and local air pollution, which affect human health and well-being.
In December 2019, the Commission adopted the European Green Deal communication2.
The European Green Deal calls for a 90% reduction in greenhouse gas (GHG) emissions intransport. The aim is for the EU to become a climate-neutral economy by 2050, while also
working towards a zero-pollution ambition. In September 2020, the Commission adopted
its proposal for a European Climate Law to reduce net emissions of greenhouse gases by atleast 55% by 2030 compared to 1990 and to put Europe on a responsible path to becoming
climate-neutral by 20503. The Stepping up Europe’s 2030 Climate Ambition
communication4 notes the relevance of a holistic approach to large-scale and local
infrastructure planning and the need for an appropriate rollout of alternative fuels
infrastructure to support the transition to a nearly zero-emission car fleet by 2050. On
21 April 2021, the Council and Parliament reached provisional political agreement on theEuropean Climate Law.
In December 2020, the Commission adopted the Sustainable and Smart Mobility Strategy
communication5). The strategy lays the foundation for how the EU transport system canachieve this transformation and sets concrete milestones to keep the transport system’s
journey towards a smart and sustainable future on track. The transport sector is still vastly
reliant on fossil fuels. Boosting the uptake of zero- and low-emission vehicles, vessels andaeroplanes and of renewable and low-carbon fuels in all modes of transport is a priority
objective in the quest to make all transport modes more sustainable.
The increased deployment and use of renewable and low-carbon fuels must go hand in handwith the creation of a comprehensive network of recharging and refuelling infrastructure
based on a geographically fair manner to enable the widespread uptake of low- and zeroemission vehicles in all transport modes. In the passenger car markets particularly, thebroad mass of consumers will only switch to zero- emission vehicles once they are surethey can recharge or refuel their vehicles anywhere in the EU and as easily as is currently
the case for conventionally fuelled vehicles. It is important that no EU region or territory isleft behind and that regional disparities in the deployment of the infrastructure foralternative fuels are well-addressed in the formulation and implementation of national
policy frameworks.
Directive 2014/94/EU on the deployment of alternative fuels infrastructure (‘the Directive’)
1
2
3
4
5

EN

OJ L 307, 28.10.2014, p. 1.
COM(2019) 640 final.
COM(2020)563 final.
COM(2020)562 final.
COM(2020)789 final.

1

ENsets out a framework of common measures for the deployment of such infrastructure in the
EU. It requires Member States to set up national policy frameworks to establish markets foralternative fuels and ensure that an appropriate number of publicly accessible recharging
and refuelling points is put in place, particularly also to enable free cross-border circulationof such vehicles and vessels on the TEN-T network. In its recent report on the applicationof Directive 2014/94/EU on the deployment of alternative fuels infrastructure, theCommission noted some progress in the Directive’s implementation6. However, theshortcomings of the current policy framework are also clearly visible: as there is no detailed
and binding methodology for Member States to calculate targets and adopt measures, theirlevel of ambition in target setting and supporting policies in place varies greatly. A
comprehensive and complete network of alternative fuels infrastructure does not exist
across the EU, the report concludes. Likewise, the European Court of Auditors noted in its
special report on recharging infrastructure that obstacles to travelling across the EU inelectric vehicles remain and that the deployment of recharging infrastructure in the Union
needs to accelerate7.
The Commission carried out an ex post evaluation of this Directive8. The evaluation foundthat the Directive is not well-adapted to the purpose of serving the increased climate
ambition for 2030. The main problems include that Member States’ infrastructure planningon average lacks the level of ambition, consistency and coherence needed, leading to
insufficient, unevenly distributed infrastructure. Further interoperability issues withphysical connections persist, while new issues have emerged over communication
standards, including data exchange among the different actors in the electro-mobility
ecosystem. Finally, there is a lack of transparent consumer information and common
payment systems, which limits user acceptance. Without further EU action, this lack ofinteroperable, easy-to use recharging and refuelling infrastructure is likely to become abarrier to the needed market growth of low- and zero-emission vehicles, vessels and – inthe future – aircraft.
This proposal is part of the overall set of interlinked policy initiatives under the ‘Fit for 55’
package. These policy initiatives correspond to the actions needed across all sectors of theeconomy to complement national efforts to achieve the increased climate ambition for2030, as described in the Commission’s 2021 work programme9.
This initiative seeks to ensure the availability and usability of a dense, widespread networkof alternative fuels infrastructure throughout the EU. All users of alternative fuel vehicles(including vessels and aircraft) need to be able to move through the EU at ease, enabled by
key infrastructure such as motorways, ports and airports. The specific objectives are: (i)ensuring minimum infrastructure to support the required uptake of alternative fuel vehicles
across all transport modes and in all Member States to meet the EU’s climate objectives;(ii) ensuring the infrastructure’s full interoperability; and (iii) ensuring full user information
and adequate payment options.
Meeting the European Green Deal goal on the reduction of greenhouse gas emissions fromtransport and developing a common EU transport market require full connectivity and aseamless user experience along the European transport network for low- and zero-emission
vehicles, vessels and aircraft. This in turn requires sufficient quantity and full
6
7
8
9

EN

COM(2021)103 final
European Court of Auditors (2021): Special Report 05/2021: Infrastructure for charging electricvehicles: more charging stations but uneven deployment makes travel across the EU complicated.
SWD(2021) 637, ‘Evaluation of Directive 2014/94/EU of the European Parliament and of the Council
on the deployment of alternative fuels infrastructure’.
COM(2020) 690 final.

2ENinteroperability of infrastructure across borders. Only a common European legislative
framework can reach these objectives. This initiative will contribute to coherent andconsistent development and rollout of vehicle fleets, recharging and refuelling
infrastructure and user information and services.
1.2.

Consistency with existing policy provisions in the policy area

This initiative is consistent with the other policy initiatives of the ‘Fit for 55’ package. Thisinitiative complements in particular: (i) the regulations setting CO2 emission performancestandards for new passenger cars and new light commercial vehicles10 and heavy-duty
vehicles11; and (ii) the legislative proposal for setting new CO2 emission performancestandards for new cars and new light commercial vehicles post-2020, also part of the ‘Fit
for 55’ package12. The CO2 emission performance standards provide a strong push for
deployment of zero- and low-emission vehicles, thus also creating demand for alternative
fuels infrastructure. This initiative will enable this transition by ensuring that sufficientpublicly available recharging and refuelling infrastructure is in place for light- and heavyduty road transport vehicles.
This initiative also acts in strong synergy with the revision of the Renewable Energy
Directive13, the Regulation of the European Parliament and of the Council on ensuring alevel playing field for sustainable air transport (RefuelEU Aviation initiative)14 and the
proposal for a Regulation of the European Parliament and of the Council on the use ofrenewable and low-carbon-fuels in maritime transport (FuelEU Maritime initiative)15,
which set obligations on the supply of, and demand for, renewable and low-carbon transport
fuels. Each of those instruments promotes an increase in the supply or demand ofsustainable alternative fuels in one or more transport modes.
For waterborne transport, this initiative delivers on the clear requirement of the European
Green Deal to oblige docked ships to use shore-side electricity. It is fully complementary to
Fuel EU maritime initiative by ensuring that sufficient shore-side electricity supply is
installed in ports to provide electricity while passenger ships (including ro-ro passenger
ships, high speed passenger craft and cruise ships) and container vessels are at berth andaccommodating the demand for decarbonised gases (i.e. bio-LNG and synthetic gaseous
fuels (e-gas). For the case of passenger ships, the different ship categories vary in theirpower demand characteristics while at berth, which leads to different investment needs at
port. This needs to be combined with the different operational characteristics of ports,
including layouts and terminals. For this reason a further distinction is made on passenger
ships compared to the FuelEU maritime initiative in identifying two categories, that of ro-ro
10

11

12

13
14
15

EN

Regulation (EU) 2019/631 of the European Parliament and of the Council setting CO 2 performancestandards for new passenger cars and for new light commercial vehicles and repealing Regulations (EC)No 443/2009 and (EU) No 510/2011, OJ L111, 25.4.2019, p. 13.
Regulation (EU) 2019/1242 of the European Parliament and of the Council setting CO 2 performancestandards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) No
2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC, OJ L 198,
25.7.2019, p.202.
COM (2021) 556. Proposal for a regulation of the European Parliament and of the Council amending
Regulation (EU) 2019/631 as regards strengthening the CO2 emission performance standards for new
passenger cars and new light commercial vehicles in line with the Union’s increased climate ambition.
Directive (EU) 2018/2001.
COM(2021) 561, proposal for a regulation of the European Parliament and of the Council on ensuring alevel playing field for sustainable air transport.
COM(2021) 562, proposal for a regulation of the European Parliament and of the Council on the use ofrenewable and low-carbon fuels in maritime transport.

3

ENpassenger ships and high speed passenger vessels, and that of other passenger ships, notably
cruise ships. Together with the FuelEU maritime initiative it therefore contributes toovercoming the current “chicken-and-egg” issue, which has meant that the very low demand
for ship operators to connect to the electric grid while at berth has made it less attractive forports to invest in short-side electricity. Limited introduction of On-shore power supply OPS
in ports risks disturbing the level playing between ports, in particular for early investors, as
not OPS equipped vessels could shift their traffic. It is therefore important that minimum
requirements be set for maritime ports across the whole TEN-T network.
The initiative is also complementary to the ReFuelEU aviation initiative. It supplements that
initiative’s push for sustainable aviation fuels that largely do not require a distinct refuelling
infrastructure with provisions for electricity supply for all stationary aircraft and thus
supporting the decarbonisation of the aviation sector.
Next to the legislative proposal, the Commission will address the need for additional
research and innovation (R&I) activities, in particular through the co-programmed Zero
Emissions Waterborne Transport partnership proposed by the Waterborne Technology
Platform under Horizon Europe, the Clan Sky 2 Joint Undertaking and the Clean Hydrogen
Joint Undertaking which works in synergy with these two transport partnerships.
This initiative is also consistent with the revision of the Renewable Energy Directive. It
seeks to ensure that lack of recharging and refuelling infrastructure does not hamper theoverall ramp-up of renewable and low-carbon fuels in the transport sector, where theyrequire distinct infrastructure. At Union level, there is no policy instrument equivalent to
the Directive on the deployment of alternative fuels infrastructure able to ensure
deployment of publicly accessible recharging and refuelling infrastructure across all modesof transport in a similar manner. This initiative is also closely linked to the upcoming
proposal to revise the Regulation on the Guidelines for the Trans-European Transport
Network16. The planned revision of that Regulation will build upon and complement thealternative fuels infrastructure already deployed through individual projects on the TEN-T
network corridors. By consistently cross-referencing the provisions of this initiative, therevision of the Regulation will ensure sufficient coverage on the TEN-T core andcomprehensive network.
By ensuring that the necessary infrastructure for zero- and low-emission vehicles andvessels is in place, this initiative will also complement a set of other policy initiatives underthe ‘Fit for 55’ package that stimulate demand for such vehicles by setting price signals thatincorporate the climate and environmental externalities of fossil fuels; such initiatives
include the revision of the Emissions Trading System17, and the revision of the EU Energy
Taxation Directive18.
1.3.

Consistency with other Union policies

This initiative needs to work in synergy with the Energy Performance of Buildings
Directive19 (EPBD), which addresses private recharging infrastructure by stipulating
requirements for rollout of recharging infrastructure in buildings. The relationship between
public and private recharging infrastructure has been thoroughly addressed in the impact
assessment supporting this policy initiative.
By ensuring that the necessary infrastructure for zero- and low-emission vehicles and
16
17
18
19

EN

Regulation (EU) No1315/2013.
Directive 2003/87/EC.
Directive 2003/96/EC.
Directive 2010/31/EU.

4

EN

vessels is in place, this initiative will also complement policy efforts on road charging,which are also intended to stimulate demand for such vehicles. The aim here is to better
incorporate the climate and environmental externalities of fossil fuels, as intended by the
Eurovignette Directive20, currently also under revision.
Another policy instrument aimed at accelerating the deployment of low- and zero-emission
vehicles is the Clean Vehicles Directive21. A broader availability of infrastructure and afaster rollout of zero- and low- emission vehicles will indirectly facilitate the deployment ofclean vehicles in public fleets. However, public fleets (bus fleets especially) typically relyon their own recharging and refuelling points rather than on publicly accessible
infrastructure. Interaction with the Directive is mainly through standardisation to ensureinteroperability.
Deploying more hydrogen and battery electric vehicles in the EU fleet is also an importantpart of the Commission’s hydrogen strategy22 and strategy for smart energy system
integration23; insufficient availability of the corresponding infrastructure for vehicles would
risk jeopardising these ambitions.
By facilitating the deployment of growing numbers of zero- and low-emission vehicles, thisinitiative also contributes to the zero-pollution ambition in the European Green Deal,
complementing the Euro 6 (for cars and vans)24 and Euro VI (for buses and lorries)25
pollutant emission standards, that set emission limits for all vehicles.
Finally, this initiative works in conjunction with the Intelligent Transport Systems
Directive26, for which the Commission intends to present a proposal for review later thisyear, and its delegated acts, in particular the Delegated Regulation on Union-wide real-timetraffic information services27. The fast-evolving data environment for alternative fuelsrequires this initiative to specify the relevant data types to be made available, in synergy
with the general framework established in the Intelligent Transport Systems Directive.
Horizon Europe is the EU’s key funding programme for research and innovation28. It
tackles climate change, helps to achieve the UN’s Sustainable Development Goals andboosts the EU’s competitiveness and growth. Cluster 5: Climate, Energy and Mobility aims
to fight climate change by making the energy and transport sectors more climate andenvironment-friendly, more efficient and competitive, smarter, safer and more resilient.
European research and innovation can drive, navigate and accelerate the transformative
Green Deal agenda, by setting the direction, testing and demonstrating solutions, addressing
trade-offs, and ensuring that policy is coherent, innovation friendly, and evidence-informed.
The partnerships on Zero-emission Road Transport (2Zero), on Connected, Cooperativeand Automated Mobility (CCAM), on the European Industrial Battery Value Chain(Batt4EU), on Clean Hydrogen, on Clean Energy Transition and on Driving Urban
Transitions to a Sustainable Future will play a key role in delivering a climate-neutral andenvironmentally friendly mobility. The Horizon Europe Mission on climate-neutral and

20
21
22
23
24
25
26
27
28

EN

Directive 1999/62/EC.
Directive (EU) 2019/1161.
COM(2020) 301 final.
COM/2020/299.
Regulation (EC) 715/2007.
Regulation (EC) 595/2009.
Directive 2010/40/EU.
Delegated Regulation (EU) 2015/962.
https://ec.europa.eu/info/research-and-innovation/funding/funding-opportunities/funding-programmesand-open-calls/horizon-europe/european-partnerships-horizon-europe_en.

5ENsmart cities29 aims to support, promote and showcase 100 European cities in their systemictransformation towards climate neutrality by 2030.
Cohesion policy will play a central role in helping all regions in their transition towards agreener, climate neutral Europe. The European Regional Development Fund and theCohesion Fund are available to support investment in innovation and deployment, inparticular in the less developed Member States and regions. Cohesion policy will offer
support to a sustainable, smart and resilient transport system, covering all transport modes
and all levels of the transport system in line with the specific requirements and priorities
identified in the national and regional programmes.

2.

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

2.1.

Legal basis

To ensure the correct functioning of the internal market, the Treaty on the Functioning of
the European Union (TFEU) establishes the Union’s prerogative to lay down provisions forthe common transport policy, Title VI (Articles 90-91), and for the trans-European
networks, Title XVI (Articles 170-171). With this legal framework in mind, Union action
enables better coordination for the even and widespread deployment of alternative fuels
infrastructure, instead of relying on Member States only. This facilitates travel across theUnion in alternative fuel vehicles for both personal users and businesses. It also helps
prevent a lack of, or patchy deployment of, alternative fuels infrastructure from becoming a
potential barrier to the completion of the internal market and from discouraging theautomotive industry’s production of zero- and low-emission vehicles.
Meeting the European Green Deal’s transport emission reduction objectives (ascorroborated by the sustainable and smart mobility strategy) requires a substantial increasein zero- and low-emission vehicles and vessels. This will not take place without the
deployment of a coherent and complete network of fully interoperable alternative fuels
infrastructure making it possible to travel across the Union in an alternative fuel vehicle. As
noted when the current Directive was adopted, such a network cannot be adequately
developed by Member States individually; instead, Union intervention is required.
2.2.

Subsidiarity (for non-exclusive competence)

The Union added value of this intervention in terms of effectiveness, efficiency andsynergies is underlined in the evaluation of the current Directive, in conjunction with theassessment of national implementation reports submitted by Member States. The evaluation
showed that developing a common EU framework has to some extent helped avoid
fragmentation. Such a framework has supported the development of national policies todevelop alternative fuels infrastructure in all Member States and has supported the creationof a more level playing field within the industry. By encouraging interoperability, relevant
technical standards and setting of targets on similar timescales, Union-level action has
provided some cost savings and better value for money by facilitating economies of scale,
avoiding duplication of effort and resources, and providing funding investments forinfrastructure. The Directive’s implementation (and its supporting activities) havefacilitated cooperation and information exchange on alternative fuels between the relevant
industry and public actors. Without the Directive, such cooperation would likely not exist.
29

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https://ec.europa.eu/info/research-and-innovation/funding/funding-opportunities/funding-programmesand-open-calls/horizon-europe/missions-horizon-europe/climate-neutral-and-smart-cities_en.

6ENWithout Union intervention, it would be very unlikely that a coherent and complete
network of fully interoperable alternative fuels infrastructure would develop across all
Member States, thus ensuring that it is possible to travel across the Union in an alternativefuel vehicle. This in turn is a prerequisite for the uptake of such vehicles across the Union,
which is vitally important for the EU to meet its 2030 increased climate ambition.
2.3.

Proportionality

In accordance with the principle of proportionality, this proposal does not go beyond whatis necessary to achieve the objectives set. All measures are considered to be proportionate
in terms of their impacts, as demonstrated in the impact assessment that accompanies thisinitiative30. The proposed intervention sets more binding requirements on Member States toensure the uptake of sufficient publicly accessible infrastructure for recharging andrefuelling of alternative fuels vehicles in the Union. This is necessary for the EU to deliveron the increased climate and energy ambition for 2030 and meet the overall objective of
reaching climate neutrality by 2050, an objective reflected in, among others, the CO2
standards for cars and vans and the cross-border connectivity for such vehicles in the TENT core and comprehensive network.
The experience of implementing the current Directive shows the need for this revisedintervention. Implementation of the current Directive is leading to uneven rollout of
infrastructure in Member States, not adding up to the dense, widely needed network ofalternative fuels infrastructure that is needed. This has been fully demonstrated in theCommission report to the European Parliament and Council on the application of the
Directive 2014/94/EU on deployment of alternative fuels infrastructure31 and in the impact
assessment supporting the current initiative. The nature and scope of the problem is similar
across Member States and there is evidence of the need and value added of ensuringcross-border connectivity for alternative fuels vehicles in the Union, which duly justifies
Union action.
This initiative creates a stable and transparent policy framework to help create open andcompetitive markets, thus stimulating investment in recharging and refuelling infrastructure
in all modes of transport. It establishes a common minimum on which markets can build
and start to deliver further infrastructure in response to vehicle demand from markets, basedon a clear and transparent target mechanism that applies throughout the Union.
2.4.

Choice of the instrument

While the Impact Assessment resulted in a Directive as the preferred policy option, theCommission made the choice to propose a Regulation. The choice of a Regulation ensures a
rapid and coherent development towards a dense, widely-spread network of fullyinteroperable recharging infrastructure in all Member States. The decision is particularly
justified in view of the needed swift and coherent implementation of the national fleetbased minimum deployment targets set at Member State level and the mandatory distancebased targets along the TEN-T network, as the first proposed targets would have to bereached by 2025 already. With this timescale, building up a sufficiently dense, wide-spread
network of recharging and refuelling infrastructure for zero- and low-emission vehicles
throughout the Union at the same pace and under the same conditions is now of strong
relevance to support the highly necessary accelerated market uptake of zero- and lowemission vehicles. This requires already in the years before 2025, the design and
30

31

EN

SWD(2021) 631, ‘Impact Assessment accompanying the proposal for a regulation of the European
Parliament and of the Council on the deployment of alternative fuels infrastructure, and repealing
Directive 2014/94/EU’.
COM/2021/103 final.

7ENdevelopment of Member State plans and measures to deliver on the targets. A new
Regulation establishes clearly binding and directly applicable obligations for Member
States at national level, and ensuring their EU-wide coherent and timely application andimplementation at the same time. It avoids the risk of delays and inconsistencies in nationaltransposition processes, thus also creating a clear level-playing field for markets, which will
help the Union-wide roll-out of recharging and refuelling infrastructure. The Regulation
will establish a more robust governance mechanism that tracks Member State progress inachieving the targets and that enables Member States to set the right incentives so thatcompetitive recharging markets can develop. Clear timelines for the design anddevelopment of Member States’ national policy frameworks to achieve the targets, robust
monitoring and reporting mechanisms, as well as provisions for corrective measures by
Member States can enable efficient overall monitoring and steering of efforts in Member
States to achieve the targets. This initiative guarantees such an approach.

3.

RESULTS OF
EX POSTEVALUATIONS,CONSULTATIONS AND IMPACT ASSESSMENTS

3.1.

Ex post evaluations/fitness checks of existing legislation

STAKEHOLDERA ‘REFIT’ ex post evaluation showed that the Directive has supported the development ofpolicies and measures for the rollout of alternative fuels infrastructure in Member States,
particularly through the requirement to develop national policy frameworks (NPFs)32.
However, shortcomings in the current policy framework have also been pointed out in theevaluation. Moreover, the Directive’s key objective, namely to ensure coherent market
development in the EU, has not been met. Shortcomings arise in particular in thefollowing three areas: (i ) the lack of a complete network of infrastructure allowing
seamless travel across the EU; (ii) the need for further common technical specifications toensure interoperability in light of emerging technologies; and (iii) the lack of full user
information, uniform and easy-to-use payment methods and full price transparency acrossthe Union.
The evaluation concluded that 6 years after the Directive’s adoption, the overall European
market for alternative fuels infrastructure is still in a rather early development phase,though markets are maturing in some parts of the EU. Given the overall relevance ofensuring sufficient infrastructure to support the needed uptake of vehicles and vessels inlight of the increased climate ambition for 2030, the evaluation of the Directive
recommended retaining the legislation but revising it.
3.2.

Stakeholder consultations

As part of the impact assessment, stakeholders were consulted in different formats.
A public consultation on the inception impact assessment (IIA)33for this initiative, runningfrom 6 April to 4 May 2020. The Commission received 86 responses, mostly (61) fromcompanies and business associations. NGOs and citizens also replied to the IIA, as did one
network of cities.
An open public consultation organised by the Commission, running from 6 April 2020 to
29 June 2020. The consultation invited all members of the public and organisations to
32
33

EN

SWD(2021) 637.
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12251-Revision-of-AlternativeFuels-Infrastructure-Directive.

8ENprovide input on both the evaluation and the impact assessment34. In total, 324 responses
were received.
Targeted stakeholder interviews and surveys between October 2020 and January 2021: theCommission held exploratory interviews with EU-level representatives of key stakeholders,
particularly to support and refine the overall problem definition and possible policy options.
Further interviews were conducted and an online survey was distributed among relevant
stakeholders representing public authorities and other public bodies (national, regional andlocal authorities, EU bodies), industry representatives (including relevant associations), andmembers of civil society (NGOs, consumer groups).
A targeted stakeholder consultation, organised by the consultant in charge of the external
support study to the impact assessment, running from December 2020 to February 2021.
The consultation included targeted surveys among key stakeholders and targeted interviews
and data requests to fill specific information requests, particularly to support thedevelopment of a methodology to determine sufficient infrastructure deployment and tosupport the assessment of impacts of possible policy measures.
3.3.

Collection and use of expertise

In preparing this initiative, the Commission used the findings of the ex post evaluation of
the Directive35. Stakeholders provided a lot of information in the consultation activities,
supplemented by information they supplied to the Commission on an ad hoc basis. The
impact assessment relies to a considerable extent on an accompanying external support
study carried out by a consultant36. The Commission also drew on a broad consultation with
the Sustainable Transport Forum, the Commission’s expert group on alternative fuels. The
consultation with the Sustainable Transport Forum ran from October 2018 to November
2019, focusing on problems and future policy needs in the field of alternative fuels
infrastructure37. Overall, the sources used to draft the impact assessment report werenumerous, largely exhaustive and representative of the various stakeholder groups.
3.4.

Impact assessment

The Regulatory Scrutiny Board received the draft version of the impact assessment reporton 7 April 2021 and issued a positive opinion on 7 May 2021. The Board considered thatthe report could be further improved by: (a) better describing the difference between theoptions and how they link to the identified problems; and (b) nuancing the report to clarify
whether the expected impacts stem from this specific initiative or from other policies, orfrom a combination of the two’.
The final impact assessment report includes a comprehensive description and assessment of
the initiative’s value added and its links with other policy initiatives. These can be found in
Sections 1.3, 3.3 and 8.1 of the assessment report. A detailed description of the policy
options is included in Section 5, while a comprehensive analysis of the impacts of all
options is presented in Section 6. The analysed policy options can be summarised asfollows:

34
35
36
37

EN

The input from the evaluation was analysed in the stakeholder consultation report supporting the final
report of the evaluation.
SWD(2021) 637.
Final report, impact assessment support study ‘Impact assessment on the revision of the Directive on
the Deployment of Alternative Fuels Infrastructure (2014/94/EU)’, 2021.
The findings of this exercise were compiled in a comprehensive report by the plenary of the Sustainable
Transport Forum in November 2019: https://ec.europa.eu/transport/sites/transport/files/2019-stfconsultation-analysis.pdf.

9

EN

–

Policy option 1: substantive changes to the Directive. The national target setting
and reporting under the national policy framework would remain an important pillar,
strengthened by mandatory fleet-based targets for electric recharging points for lightduty vehicles (LDVs). For heavy-duty vehicles (HDVs), mandatory distance-basedtargets would be introduced along the TEN-T network for electric recharging points
and hydrogen refuelling points, including limited provisions for hydrogen refuellingin urban nodes. Mandatory targets would also be introduced for stationary aircraft
and shore-side electricity supply in maritime and inland waterway ports. In addition,some quality aspects of the infrastructure would be addressed to improve
interoperability and user information.

–

Policy option 2: more substantive changes to the Directive than in option 1. In
addition to the mandatory fleet-based targets for electric recharging points for LDVs,
distance-based targets would be set for all road vehicles infrastructure for the TEN-T
network, including for urban nodes for heavy-duty vehicle infrastructure. This option
would also include more detailed provisions for ports and airports on the TEN-T
network and greater harmonisation on payment options, physical and communication
standards and consumers’ rights while charging. It would strengthen provisions on
price transparency and other user information, including physical signposting ofrecharging and refuelling infrastructure.

–

Policy option 3: changing the Directive to a Regulation (thus going furthest interms of binding legal instruments). In addition to the mandatory fleet-based anddistance-based targets under option 2, this option would add further location- basedtargets for electric LDVs and add further targets for HDVs. The option would also
add considerable ambition for ports infrastructure, and make mandatory terminal
payment at new fast-chargers the sole payment option.

Because it strikes the best balance between the achieved objectives and the implementation
cost, option 2 was identified as the best policy option. However, policy option 2 lends itself
as well to a Regulation, with an accelerated impact on the implementation of provisions inthis case. The impact assessment includes a detailed description of the regulatory measures
included under the different policy options.
3.5.

Regulatory fitness and simplification

Much greater policy ambition for the supply of sufficient and fully interoperable recharging
and refuelling infrastructure is necessary to support the needed market take-up of zero- andlow-emission vehicles, in line with the overall policy ambition of the ‘Fit for 55’ package
and its related policy initiatives. Regulatory fitness is achieved by setting out necessary
minimum requirements for public authorities and market actors. The related higher cost to
public authorities for supporting infrastructure rollout, particularly in parts of the transport
network where demand is low, have to be seen against the backdrop of significantly
increased user demand and large-scale opportunities for market growth. The review ofpolicies under the ‘Fit for 55’ policy package will enable the market take-up of zeroemission vehicles and the servicing of vessels equipped with shore-side electricity supply.
The impact assessment provides a detailed analysis of costs and benefits, including asummary in Annex 3.
While the review increases the overall policy ambition, it does also include some important
simplification aspects. This simplification primarily affects charge point operators andmobility service providers. Setting clear and common minimum requirements will simplify
their business operations, as they will face similar minimum requirements in all Member

EN

10

EN

States. Such requirements will simplify the use of the infrastructure by private andcorporate consumers (who currently face a plethora of use approaches) and enable betterbusiness service innovation. Consumer trust in the robustness of a Pan-EU network ofrecharging and refuelling infrastructure will increase, which will support the overallprofitability of recharging and refuelling points and support a stable business case. All
market actors and user groups will benefit from lower information costs and, in the case of
market actors, lower legal compliance costs in the medium term, as the requirements forinfrastructure provisioning under the Regulation will be better harmonised. Publicauthorities can also benefit from a coherent EU-wide framework that will simplify
coordination with public and private market actors.
The impact assessment did not identify any area where this initiative’s planned provisions
would create a significant and disproportionate cost for SMEs, in comparison to allenterprises. This initiative creates long-term market certainty for investment in recharging
and refuelling infrastructure and lays down the foundation for the development of an open
data ecosystem that enterprises can use to develop new market services, which will benefit
innovative SMEs. The initiative has an overall positive impact on the competitiveness ofenterprises that install and operate recharging and refuelling infrastructure, as well as on thecompetitiveness of the automotive sector itself. This is because the provision of sufficient
infrastructure has an impact on the market uptake of zero-emission vehicles, which is a
key aspect of the automotive sector’s future competitiveness, as explained in detail in theimpact assessment underpinning the proposal for the revision of CO2 standards for cars andvans38.
3.6.

Fundamental rights

The proposal has no impact on fundamental rights.

4.

BUDGETARY IMPLICATIONS

The proposal has no impact on the European Union budget.

5.

OTHER ELEMENTS

5.1.

Implementation plans and monitoring, evaluation and reporting arrangements

The revised Regulation’s implementation will be monitored using indicators for thephysical rollout of recharging and refuelling infrastructure in the EU. Well-establishedmonitoring instruments will be used to follow deployment.
Member States will have to adopt a revised national policy framework to develop themarket for alternative fuels in the transport sector and deploy the relevant infrastructure inline with the proposed strengthened provisions. This will enable the Member States toreport to the Commission on implementation in a coherent and consistent manner. Data
provision to the Member States’ national and common access points will follow commonly
agreed data quality standards39. In addition, the European Alternative Fuels Observatory
38

39

EN

SWD(2021) 614, Impact Assessment accompanying the proposal for a regulation of the European
Parliament and of the Council amending Regulation (EU) 2019/631 as regards strengthening the CO2
emission performance standards for new passenger cars and new light commercial vehicles in line with
the Union’s increased climate ambition.
IT development and procurement choices will be subject to pre-approval by the European Commission
Information Technology and Cybersecurity Board

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will be upgraded and continue to gather and frequently update vehicle uptake andinfrastructure deployment in all Member States40. The Commission will also continue towork together with its expert group, the Sustainable Transport Forum (and dedicatedsubgroups), to monitor market developments and identify related policy needs.
A full review of the Regulation is scheduled for the end of 2026 to identify any possible
shortcomings and identify future needs for legislative action on emerging technologies. For
an overview of operational objectives, indicators and data sources, see Annex 9 to the staff
working document on the impact assessment accompanying this initiative.
5.2.

Detailed explanation of the specific provisions of the proposal

This proposal sets up a new Regulation repealing the current Directive 2014/94/EU on the
deployment of alternative fuels infrastructure. The structure of the new Regulation is asfollows:–

Article 1 defines the subject matter of the Regulation, making specific, but nosubstantive, changes to the subject matter of the current Directive.

–

Article 2 sets out a list of definitions, building on the list of definitions of the current
Directive, and extending those where necessary and as appropriate in view of theoverall changes in the scope and provisions of the new Regulation.

–

Articles 3-12 contain provisions for the rollout of certain recharging and refuelling
infrastructure for light- and heavy-duty road transport vehicles, vessels and aircraft.

–

Articles 3 and 4 contain provisions for Member States to ensure minimum coverageof publicly accessible recharging points dedicated to light- and heavy-duty roadtransport vehicles on their territory, including on the TEN-T core and comprehensive
network.

–

Article 5 provides further provisions for ensuring user-friendliness of recharging
infrastructure. This includes provisions on payment options, price transparency andconsumer information, non-discriminatory practices, smart recharging, andsignposting rules for electricity supply to recharging points.

–

Article 6 contains provisions for Member States to ensure minimum coverage of
publicly accessible refuelling points for hydrogen dedicated to heavy- and light-duty
vehicles on the TEN-T core and comprehensive network.

–

Article 7 provides further provisions for ensuring user-friendliness of refuelling
infrastructure for hydrogen, including through minimum requirements on payment
options, price transparency and contractual choice.

–

Article 8 contains provisions for Member States to ensure until 1 January 2025
minimum coverage of publicly accessible refuelling points for liquefied natural gas
dedicated to heavy-duty vehicles on the TEN-T core and comprehensive network.

–

Articles 9 and 10 set out provisions for Member States to ensure installation of aminimum shore-side electricity supply for certain seagoing ships in maritime ports
and for inland waterway vessels. The articles also define further the criteria for
exempting certain ports and set requirements to ensure a minimum shore-side
electricity supply.

40

EN

www.eafo.eu.

12

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–

Article 11 requires Member States to ensure an appropriate number of LNG
refuelling points in maritime TEN-T ports and to identify relevant ports through theirnational policy frameworks.

–

Article 12 concerns minimum provisions for electricity supply to all stationary
aircraft in TEN-T core and comprehensive network airports.

–

Article 13 reformulates provisions for Member States’ national policy frameworks. It
makes provision for an iterative process between Member States and theCommission to develop concise planning to deploy infrastructure and meet thetargets as laid down in the Regulation. It also includes new provisions on formulatinga strategy for the deployment of alternative fuels in other modes of transport together
with key sectoral and regional/local stakeholders. This would apply where theRegulation does not set mandatory requirements, but where emerging policy needs
connected to the development of alternative fuel technologies need consideration.

–

Article 14, 15 and 16 set out the governance approach. This includes reporting
obligations corresponding to provisions for Member States on national policy
frameworks and national progress reports in an interactive process with theCommission. It also sets requirements for the Commission to report on Member
States’ national policy frameworks and progress reports.

–

Article 17 covers user information requirements in the form of fuel labels andinformation requirements on fuel price comparison.

–

Article 18 sets up data provision requirements for operators or owners of publicly
accessible recharging or refuelling points on the availability and accessibility ofcertain static and dynamic data types, including the establishing of an identification
registration organisation (IDRO) for the issuing of ID codes. This article also
empowers the Commission to adopt further delegated acts to specify further elements
as required.

–

Article 19 specifies provisions for common technical specifications, complementing
the existing common technical specifications with a set of new areas for which theCommission will be entitled to adopt new delegated acts. These will build, as
deemed necessary, on standards developed by the European standardisation
organisations (ESOs).

–

Article 20 concerns the use of delegations as regards the provisions on data provisionand common technical specifications.

–

Article 21 concerns the continuation of the committee procedure under the newRegulation.

–

Articles 22, 23 and 24 specify the conditions for review and entry into force of thisRegulation.

The proposal includes annexes:EN–

Annex I includes detailed provisions on national reporting by Member States,
ensuring consistent and comparable reporting to support the implementation of thisRegulation.

–

Annex II concerns the listing of areas where common technical specifications under
this Regulation apply to the internal market or will need be adopted under thisRegulation by means of delegated acts in areas where new technology developments
require the setting of common technical specifications.

13

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EN

–

Annex III specifies requirements for Member States that will categorise theirreporting on deployment of electric vehicles and recharging infrastructure.

–

Annex IV contains the correlation table.

14EN2021/0223 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the deployment of alternative fuels infrastructure, and repealing Directive
2014/94/EU of the European Parliament and of the Council(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 91 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 Committee1,
Having regard to the opinion of the Committee of the Regions2,
Acting in accordance with the ordinary legislative procedure,
Whereas:(1)

Directive 2014/94/EU of the European Parliament and of the Council 3 laid down aframework for the deployment of alternative fuels infrastructure. The Commission
Communication on the application of that Directive4 points to the uneven developmentof recharging and refuelling infrastructure across the Union and the lack ofinteroperability and user friendliness. It notes that the absence of a clear common
methodology for setting targets and adopting measures under the National Policy
Frameworks required by Directive 2014/94/EU has led to a situation whereby the levelof ambition in target setting and supporting policies varies greatly among Member
States.

(2)

Various instruments of Union law already set targets for renewable fuels. Directive
2018/2001/EU of the European Parliament and of the Council5 for instance set amarket share target of 14 % of renewables in transport fuels.

(3)

Regulation (EU) 2019/631 of the European Parliament and of the Council6 andRegulation (EU) 2019/1242 of the European Parliament and of the Council7 already1

OJ C , , p. .
OJ C , , p. .
Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the
deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1).
COM(2020) 789 final.
Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the
promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

2
3
4
5

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set CO2 emission performance standards for new passenger cars and for new lightcommercial vehicles as well as for certain heavy-duty vehicles. Those instruments
should accelerate the uptake in particular of zero-emission vehicles and thereby create
demand for recharging and refuelling infrastructure.
(4)

The initiatives on ReFuelEU aviation8 and FuelEU maritime9 should boost the
production and uptake of sustainable alternative fuels in aviation and maritime
transport. While the fuel use requirements for the sustainable aviation fuels can largely
rely on the existing refuelling infrastructure, investments are needed for the electricity
supply of stationary aircraft. The FuelEU maritime initiative sets requirements inparticular for the use of on shore power that can only be fulfilled if an adequate levelof on shore power supply is deployed in TEN-T ports. However those initiatives do
not contain any provisions on the required fuel infrastructure which are a prerequisitethat the targets can be met.

(5)

Therefore all modes of transport should be addressed in one instrument which shouldtake into account a variety of alternative fuels. The use of zero-emission powertraintechnologies is at different stages of maturity in the different modes of transport. In
particular, in the road sector, a rapid uptake of battery-electric and plug-in hybrid
vehicles is taking place. Hydrogen fuel-cell road vehicles are available to markets, aswell. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-celltrains are currently being deployed in different projects and in first commercial
operations, with full commercial roll out expected in the next years. In contrast, theaviation and waterborne sectors continue to be dependent on liquid and gaseous fuels,
as zero- and low-emission powertrain solutions are expected to enter the market onlyaround 2030 and in particular for the aviation sector even later, with fullcommercialisation taking its time. The use of fossil gaseous or liquid fuels is only
possible if it is clearly embedded into a clear decarbonisation pathway that is in linewith the long-term objective of climate neutrality in the Union, requiring increasing
blending with or replacement by renewable fuels such as bio-methane, advanced
biofuels or renewable and low-carbon synthetic gaseous and liquid fuels.

(6)

Such biofuels and synthetic fuels, substituting diesel, petrol and jet fuel, can beproduced from different feedstock and can be blended into fossil fuels at very highblending ratios. They can be technically used with the current vehicle technology withminor adaptations. Renewable methanol can also be used for inland navigation andshort-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use offossil fuel sources in the energy supply to transport. All of these fuels can be
distributed, stored and used with the existing infrastructure or where necessary with
infrastructure of the same kind.

(7)

LNG is likely to play a continued role in maritime transport, where there is currently
no economically viable zero-emission powertrain technology available. The
Communication on the Smart and Sustainable Mobility Strategy points to zero-

6

Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2
emission performance standards for new passenger cars and for new light commercial vehicles, andrepealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2
emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No
595/2009 and (EU) 2018/956 of the European Parliament and of the Council and Council Directive
96/53/EC (OJ L 198, 25.7.2019, p. 202).
COM(2021) 561.
COM(2021) 562.

7

8
9

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16

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emission seagoing ships becoming market ready by 2030. Fleet conversion should takeplace gradually due to the long lifetime of the ships. Contrary to maritime transport,
for inland waterways, with normally smaller vessels and shorter distances, zeroemission powertrain technologies, such as hydrogen and electricity, should enter themarkets more quickly. LNG is expected to no longer play a significant role in that
sector. Transport fuels such as LNG need increasingly to be decarbonised byblending/substituting with liquefied biomethane (bio-LNG) or renewable and lowcarbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can beused in the same infrastructure as gaseous fossil fuels thereby allowing for a gradualshift towards decarbonised fuels.

EN

(8)

In the heavy-duty road transport sector, LNG trucks are fully mature. On the one hand,the common scenarios underpinning the Sustainable and Smart Mobility Strategy andthe Climate Target Plan as well as the revised “Fit for 55” modelling scenarios suggest
some limited role of gaseous fuels that will increasingly be decarbonised in heavyduty road transport especially in the long haul segment. Furthermore, LPG and CNG
vehicles for which already a sufficient infrastructure network exists across the Union
are expected to gradually be replaced by zero emission drivetrains and therefore only alimited targeted policy for LNG infrastructure deployment that can equally supply
decarbonised fuels is considered necessary to close remaining gaps in the main
networks.

(9)

The deployment of publicly accessible recharging infrastructure for light-duty electricvehicles has been uneven across the Union. Continued uneven distribution would
jeopardize the uptake of such vehicles, limiting connectivity across the Union.
Continuing divergence in policy ambitions and approaches at national level will not
create the long-term certainty needed for substantive market investment. Mandatory
minimum targets for Member States at national level should therefore provide policy
orientations and complement National Policy Frameworks. That approach should
combine national fleet based targets with distance-based targets for the trans-European
network for transport (TEN-T). National fleet based targets should ensure that vehicle
uptake in each Member State is matched with the deployment of sufficient publicly
accessible recharging infrastructure. Distance-based targets for the TEN-T network
should ensure full coverage of electric recharging points along the Union’s main road
networks and thereby ensure easy and seamless travel throughout the Union.

(10)

National fleet based targets should be established on the basis of the total number ofregistered electric vehicles in that Member State following a common methodologythat accounts for technological developments such as the increased driving range ofelectric vehicles or the increasing market penetration of fast-charging points which canrecharge a greater number of vehicles per recharging point than at a normal recharging
point. The methodology also has to take into account the different recharging patternsof battery electric and plug-in hybrid vehicles. A methodology that norms national
fleet based targets on the total maximum power output of the publicly accessible
recharging infrastructure should allow flexibility for the implementation of different
recharging technologies in Member States.

(11)

Implementation in Member States should ensure that a sufficient number of publicly
accessible recharging points is installed, in particular at public transport stations, suchas port passenger terminals, airports or railway stations. A sufficient number ofpublicly accessible fast recharging points dedicated to light-duty vehicles should also
be deployed to increase consumer convenience in particular across the TEN-T network

17ENto ensure full cross-border connectivity and allow electric vehicles to circulate
throughout the Union.

EN

(12)

Owners of electric vehicles should make use to a large extent of recharging points attheir own premises or in collective parking lots in residential and non-residentialbuildings. While the deployment of ducting infrastructure and of recharging points in
those buildings is regulated through Directive 2010/31/EU of the European Parliamentand of the Council10, Member States should take into account the availability of suchprivate infrastructure when planning the deployment of publicly accessible recharging
points.

(13)

Electric heavy-duty vehicles need a distinctively different recharging infrastructure
than light-duty vehicles. Public accessible infrastructure for electric heavy-duty
vehicles is however currently almost nowhere available in the Union. A combined
approach of distance-based targets along the TEN-T network, targets for overnight
recharging infrastructure and targets at urban nodes should ensure that a sufficientpublicly accessible infrastructure coverage for electric heavy-duty vehicles isestablished throughout the Union to support the expected market uptake of battery
electric heavy-duty vehicles.

(14)

A sufficient number of publicly accessible fast recharging points dedicated to heavyduty vehicles should also be deployed along the TEN-T network to ensure fullconnectivity throughout the Union. That infrastructure should have sufficient power
output to allow the recharge of the vehicle within the driver’s legal break time. In
addition to fast recharging points along the network, heavy-duty vehicles should also
be able to use publicly accessible recharging infrastructure for overnight recharging
along the main transport network to specifically support the electrification of the long
haul sector.

(15)

Recharging infrastructure along the TEN-T network should be complemented with fast
publicly accessible recharging infrastructure in urban nodes. That infrastructure isrequired in particular for providing charging opportunities for delivery trucks and fordestination charging for long haul trucks, whereas the national fleet-based target
should provide recharging points for light-duty vehicles also in urban areas.

(16)

The deployment of recharging infrastructure is equally important in private locations,such as in private depots and at logistic centres to ensure overnight and destination
charging. Public authorities should take measures in the context of setting up theirrevised national policy frameworks to ensure that the appropriate infrastructure isprovided for that overnight and destination charging.

(17)

Publicly accessible recharging or refuelling points include, for example, privately
owned recharging or refuelling points accessible to the public that are located on
public or private properties, such as public parkings or parkings of supermarkets. A
recharging or refuelling point located on a private property that is accessible to thegeneral public should be considered as publicly accessible also in cases where accessis restricted to a certain general group of users, for example to clients. Recharging or
refuelling points for car-sharing schemes should only be considered accessible to the
public if they explicitly allow access for third party users. Recharging or refuelling
points located on private properties, access to which is restricted to a limited,
determinate circle of persons, such as parking lots in office buildings to which only

10

Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy
performance of buildings (OJ L 153, 18.6.2010, p. 13).

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employees or authorised persons have access, should not be considered as publicly
accessible recharging or refuelling points.
(18)

A recharging station is the single physical installation for the recharging of electricvehicles. Every station has a theoretical maximum power output, expressed in kW.
Every station has at least one recharging point that can serve only one vehicle at atime. The number of recharging points at a recharging station determine the number ofvehicles that can be recharged at that station at any given time. Where more than one
vehicle recharges at that recharging station at a given time, the maximum power
output is distributed to the different recharging points, such that the power provided ateach individual recharging point is lower than the power output of that station. A
recharging pool consists of one or more recharging stations at a specific location,
including, as the case may be, the dedicated parking lots adjacent to them. For thetargets set in this Regulation for recharging pools, the minimum power output required
for those recharging pools could be provided by one or more recharging stations.

(19)

The possibility to develop advanced digital services, including contract-based payment
solutions, and to ensure transparent user information by digital means depends on the
deployment of digitally connected and smart recharging points that support thecreation of a digitally connected and interoperable infrastructure11. Those smart
recharging points should comprise a set of physical attributes and technicalspecifications (hardware and software) that are necessary to send and receive data inreal time, enabling the flow of information between market actors that are dependent
on these data for fully developing the recharging experience, including charging point
operators, mobility service providers, e-roaming platforms, distribution systems
operators and, ultimately, end consumers.

(20)

Smart metering systems as defined in Directive (EU) 2019/944 of the European
Parliament and of the Council12 enable real-time data to be produced, which is needed
to ensure the stability of the grid and to encourage rational use of recharging services.
By providing energy metering in real time and accurate and transparent information on
the cost, they encourage, in combination with smart recharging points, recharging attimes of low general electricity demand and low energy prices. The use of smart
metering systems in combination with smart recharging points can optimise
recharging, with benefits for the electricity system and for the end user. Member Statesshould encourage the use of smart metering system for the recharging of electricvehicles at publicly accessible recharging stations, where technically feasible andeconomically reasonable, and ensure that these systems comply with the requirements
laid down in Article 20 of Directive (EU) 2019/444.

(21)

The increasing number of electric vehicles in road, rail, maritime and other transportmodes will require that recharging operations are optimised and managed in a way that
does not cause congestion and takes full advantage of the availability of renewableelectricity and low electricity prices in the system. Smart recharging in particular canfacilitate the integration of electric vehicles into the electricity system further as itenables demand response through aggregation and through price based demand
response. System integration can further be facilitated through bi-directional

11

In line with the principles laid down in the European Interoperability Framework – Implementation
Strategy, COM/2017/0134 final.
Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common
rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019,p. 125).

12

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recharging (vehicle-to-grid). All normal recharging points at which vehicles are
typically parked for a longer period should therefore support smart recharging.
(22)

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

(23)

The establishment and operation of recharging points for electric vehicles should be
developed as a competitive market with open access to all parties interested in rollingout or operating recharging infrastructures. In view of the limited alternative locations
on highways, existing highway concessions such as for conventional refuelling
stations or rest areas are a particular cause for concern, since they can run over very
long periods and sometimes even lack a specified end date altogether. Member Statesshould seek, to the extent possible and in compliance with Directive (EU) 2014/23 of
the European Parliament and of the Council13, to competitively award newconcessions specifically for recharging stations on or adjacent to existing highway rest
areas in order to limit deployment cost and enable new market entrants.

(24)

Price transparency is crucial to ensure seamless and easy recharging and refuelling.
Users of alternative fuel vehicles should be given accurate price information before
the start of the recharging or refuelling service. The price should be communicated in aclearly structured manner to allow end users to identify the different cost components.

(25)

New services emerge, particularly in support of the use of electric vehicles. Entities
offering those services, such as mobility service providers, should be able to operate
under fair market conditions. In particular, operators of recharging points should notgive unduly preferential treatment to any of those service providers, for instancethrough unjustified price differentiation that may impede competition and ultimately
lead to higher prices for consumers. The Commission should monitor the developmentof the recharging market. When reviewing the Regulation, the Commission will takeactions where required by market developments such as limitations of services for end
users or business practices that may limit competition.

(26)

Hydrogen-powered motor vehicles have at present very low market penetration rates.
However, a build-up of sufficient hydrogen refuelling infrastructure is essential inorder to make large-scale hydrogen-powered motor vehicle deployment possible asenvisaged in the Commission’s hydrogen strategy for a climate-neutral Europe14.
Currently, hydrogen refuelling points are only deployed in a few Member States andare largely not suitable for heavy-duty vehicles, not allowing for a circulation ofhydrogen vehicles across the Union. Mandatory deployment targets for publicly
accessible hydrogen refuelling points should ensure that a sufficiently dense networkof hydrogen refuelling points is deployed across the TEN-T core network to allow for

13

Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award
of concession contracts (OJ L 94, 28.3.2014, p. 1).
COM(2020) 301 final.

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20

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the seamless travel of hydrogen fuelled light-duty and heavy-duty vehicles throughout
the Union.
(27)

Hydrogen fuelled vehicles should be able to refuel at or close to the destination, which
is usually located in an urban area. To ensure that publicly accessible destination
refuelling is possible at least in the main urban areas, all urban nodes as defined inRegulation (EU) No 1315/2013 of the European Parliament and of the Council15
should provide such refuelling stations. Within the urban nodes, public authorities
should consider to deploy the stations within multimodal freight centres as those are
not only the typical destination for heavy-duty vehicles but could also serve hydrogento other transport modes, such as rail and inland shipping.

(28)

At the early stage of market deployment there is still a degree of uncertainty withregard to the kind of vehicles that will come into the market and to the kind oftechnologies that are going to be widely used. As outlined in the Commission’scommunication ‘A hydrogen strategy for a climate-neutral Europe’16 the heavy-duty
segment was identified as the most likely segment for the early mass deployment ofhydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily
focus on that segment while also allowing light-duty vehicles to fuel at publicly
accessible hydrogen refuelling stations. To ensure interoperability, all publicly
accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The
infrastructure roll out should also take into account the emergence of newtechnologies, such as liquid hydrogen, that allow a larger range for heavy-duty
vehicles and are the preferred technology choice of some vehicle manufacturers. To
that end, a minimum number of hydrogen refuelling stations should serve also liquidhydrogen in addition to gaseous hydrogen at 700 bar.

(29)

A number of LNG refuelling points are established in the Union, already providing a
backbone for the circulation of LNG driven heavy-duty vehicles. The TEN-T core
network should remain the basis for the deployment of LNG infrastructure, andprogressively for bio-LNG, as it covers the main traffic flows and allows cross borderconnectivity throughout the Union. It had been recommended in Directive 2014/94/EU
that such refuelling points be installed every 400 km on the TEN-T core network, but
certain limited gaps in the network remain to reach that objective. Member Statesshould by 2025 reach that objective and fill the remaining gaps, after which the target
should cease to apply.

(30)

Users of alternative fuel vehicles should be able to pay easily and conveniently at all
publicly accessible recharging and refuelling points, without the need to enter into acontract with the operator of the recharging or refuelling point or a mobility service
provider. Therefore, for recharging or refuelling on an ad hoc basis, all publicly
accessible recharging and refuelling points should accept payment instruments that are
widely used in the Union, and in particular electronic payments through terminals anddevices used for payment services. That ad hoc payment method should always be
available to consumers, even when contract-based payments are offered at therecharging or refuelling point.

(31)

Transport infrastructure should allow seamless mobility and accessibility for all users,
including persons with disabilities and older persons. In principle, the location of all

15

Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on
Union guidelines for the development of the trans-European transport network and repealing Decision
No 661/2010/EU (OJ L 348, 20.12.2013, p. 1).
COM(2020) 301 final

16

EN

21

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recharging and refuelling stations as well as the recharging and refuelling stations
themselves should be designed in such a way that they can be used by as much of the
public as possible, in particular by older persons, persons with reduced mobility andpersons with disabilities. This should include for example providing sufficient spacearound the parking lot, ensuring that the recharging station is not installed on a kerbed
surface, ensuring that the buttons or screen of the recharging station are at an
appropriate height and the weight of the recharging and refuelling cables is such that
persons with limited strength can handle them with ease. In addition the user interfaceof the related recharging stations should be accessible. In that sense, the accessibility
requirements in Annexes I and III to Directive 2019/88217 should be applicable torecharging and refuelling infrastructure.

EN

(32)

Shore-side electricity facilities can serve maritime and inland waterway transport asclean power supply and contribute to reducing the environmental impact of seagoingships and inland waterway vessels. Under the FuelEU maritime initiative, ship
operators of container and passenger ships need to comply with provisions to reduce
emissions at berth. Mandatory deployment targets should ensure that the sector finds
sufficient shore-side electricity supply in TEN-T core and comprehensive maritime
ports to comply with those requirements. The application of these targets to all TEN-T
maritime ports should ensure the level playing field between ports.

(33)

Container ships and passenger ships, being the ship categories which are producing thehighest amount of emissions per ship at berth, should as a priority be provided withshore-side electricity supply. In order to take into account power demand
characteristics while at berth of different passenger ships, as well as port operational
characteristics, it is necessary to distinguish between the passenger ship requirements
for ro-ro passenger ships and high speed passenger vessels, and those for otherpassenger ships.

(34)

These targets should take into account the types of vessels served and their respective
traffic volumes. Maritime ports with low traffic volumes of certain ship categories,
should be exempted from the mandatory requirements for the corresponding ship
categories based on a minimum level of traffic volume, so as to avoid underused
capacity being installed. Similarly, the mandatory targets should not aim to target
maximum demand, but a sufficiently high volume, in order to avoid underused
capacity and to take account of port operational characteristics. Maritime transport isan important link for the cohesion and economic development of islands in the Union.
Energy production capacity in these islands may not always be sufficient to accountfor the power demand required to support the provision of shore-side electricity
supply. In such a case islands should be exempted from this requirement unless anduntil such an electrical connection with the mainland has been completed or there is asufficient locally generated capacity from clean energy sources.

(35)

A core network of refuelling points for LNG at maritime ports should be available by2025. Refuelling points for LNG include LNG terminals, tanks, mobile containers,
bunker vessels and barges.

(36)

Electricity supply to stationary aircraft at airports should replace the consumption ofliquid fuel with a cleaner power source by aircraft (use of Auxiliary Power Unit) or
ground power units (GPUs). This should reduce pollutant and noise emissions,improve air quality and reduce the impact on climate change. Therefore, all17

Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on theaccessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).

22

EN

commercial transport operation should be able to make use of external electricity
supply while parked at gates or at outfield positions at TEN-T airports.

EN

(37)

In accordance with Article 3 of Directive 2014/94/EU, Member States haveestablished national policy frameworks outlining their plans and objectives to ensurethat those objectives would be met. Both the assessment of the national policy
framework and the evaluation of Directive 2014/94/EU have highlighted the need forhigher ambition and a better coordinated approach across Member States in view ofthe expected acceleration in the uptake of alternative fuel vehicles, in particular ofelectric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transportmodes to meet the ambitions of the European Green Deal. The existing National
Policy Frameworks should be revised to clearly describe how the much greater needfor publicly accessible recharging and refuelling infrastructure as expressed in the
mandatory targets is going to be met by the Member States. The revised frameworks
should equally address all transport modes including those for which no mandatory
deployment targets exists.

(38)

The revised national policy frameworks should include supporting actions for thedevelopment of the market as regards alternative fuels, including the deployment of
the necessary infrastructure to be put into place, in close cooperation with regional andlocal authorities and with the industry concerned, while taking into account the needsof small and medium-sized enterprises. Additionally, the revised frameworks should
describe the overall national framework for planning, permitting and procuring of suchinfrastructure, including the identified obstacles and actions to remove them so shat afaster rollout of infrastructure can be achieved.

(39)

The development and implementation of the revised national policy frameworks of theMember States should be facilitated by the Commission by means of exchanges of
information and best practices between the Member States.

(40)

In order to promote alternative fuels and develop the relevant infrastructure, thenational policy frameworks should consist of detailed strategies to promote alternative
fuels in sectors that are difficult to decarbonise such as aviation, maritime transport,inland waterway transport as well as rail transport on network segments that cannot beelectrified. In particular, Member States should develop clear strategies for the
decarbonisation of inland waterway transport along the TEN-T network in close
cooperation with those Member States concerned. Long term decarbonisation
strategies should also be developed for TEN-T ports and TEN-T airports, in particularwith a focus on the deployment of infrastructure for low and zero emission vessels andaircraft as well as for railway lines that are not going to be electrified. On the basis of
those strategies the Commission should review this Regulation with a view to setting
more mandatory targets for those sectors.

(41)

Member States should make use of a wide range of regulatory and non-regulatory
incentives and measures to reach the mandatory targets and implement their national
policy frameworks, in close cooperation with private sector actors, who should play a
key role in supporting the development of alternative fuels infrastructure.

(42)

Pursuant to Directive 2009/33/EC of the European Parliament and of the Council18,
minimum national shares of public procurement are reserved for clean and zeroemission buses, where a clean bus uses alternative fuels as defined in Article 2, point

18

Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the
promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5).

23

EN(3) of this Regulation. With ever more public transport authorities and operators
switching to clean and zero-emission buses in order to reach those targets, Member
States should include the targeted promotion and development of the necessary bus
infrastructure as a key element in their National Policy Frameworks. Member Statesshould establish and maintain appropriate instruments to promote the deployment ofcharging and refuelling infrastructure also for captive fleets, in particular for clean andzero-emission buses at local level.

EN

(43)

In light of the increasing diversity in the type of fuels for motorised vehicles coupledwith on-going growth in the road mobility of citizens across the Union, it is necessary
to provide vehicle users with clear and easy-to-understand information on the fuels
available at refuelling stations and on the compatibility of their vehicle with different
fuels or recharging points on the Union market. Member States should be able todecide to implement such information measures also in respect of vehicles placed on
the market before 18 November 2016.

(44)

Simple and easy-to-compare information on the prices of different fuels could play animportant role in enabling vehicle users to better evaluate the relative cost of
individual fuels available on the market. Therefore, a unit price comparison of certain
alternative fuels and conventional fuels, expressed as ‘fuel price per 100km’, should
be displayed for information purposes at all relevant fuel stations.

(45)

It is necessary to provide consumers with sufficient information regarding thegeographic location, characteristics and services offered at the publicly accessible
recharging and refuelling points of alternative fuels covered by this Regulation.
Therefore, Member States should ensure that operators or owners of publicly
accessible recharging and refuelling points make relevant static and dynamic data
available. Requirements on data types regarding availability of and accessibility torelevant recharging and refuelling-related data should be laid down, building on theoutcomes of the Programme Support Action on “Data collection related torecharging/refuelling points for alternative fuels and the unique identification codes
related to e-mobility actors” (‘IDACS’).

(46)

Data should play a fundamental role in the adequate functioning of recharging andrefuelling infrastructure. The format, the frequency and the quality in which these data
should be made available and accessible should determine the overall quality of analternative fuels infrastructure ecosystem that meets user needs. Moreover, those data
should be accessible in a coherent manner in all Member States. Therefore, data
should be provided in accordance with the requirements set in Directive 2010/40/EUof the European Parliament and the Council19 for national access points (NAPs).

(47)

It is crucial that all actors in the electric mobility ecosystem can interact easily throughdigital means to provide the best service quality to the end user. This requires unique
identifiers of relevant actors in the value chain. To that end, Member States should
appoint an Identification Registration Organisation (‘IDRO’) for issuing and managing
unique identification (‘ID’) codes to identify, at least, operators of recharging points
and mobility service providers. The IDRO should collect information on e-mobility ID
codes that are already in use in the respective Member State; issue new e-mobility
codes, where needed, to recharging point operators and mobility service providers
under an Union-wide common agreed logic in which electro-mobility ID codes are

19

Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework
for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces withother modes of transport (OJ L 207, 6.8.2010, p. 1).

24

ENformatted; allow to exchange and verify the uniqueness of these e-mobility codes via a
possible future common Identification Registration Repository (‘IDRR’). The
Commission should issue technical guidance on the set up of such organisation,
drawing on the Programme Support Action on “Data collection related torecharging/refuelling points for alternative fuels and the unique identification codes
related to e-mobility actors” (‘IDACS’).

EN

(48)

Maritime transport and inland navigation need new standards to facilitate andconsolidate the entry into the market of alternative fuels, in relation to electricity
supply and hydrogen, methanol and ammonia bunkering, but also standards forcommunication exchange between vessels and infrastructure.

(49)

The International Maritime Organization (‘IMO’) develops uniform andinternationally recognised safety and environmental standards for maritime transport.
Conflicts with international standards should be avoided in view of the global natureof maritime transport. Therefore, the European Union should ensure that technicalspecifications for maritime transport adopted pursuant to this Regulation are consistent
with international rules adopted by the IMO.

(50)

Technical specifications for interoperability of recharging and refuelling points shouldbe specified in European or international standards. The European standardisation
organisations (‘ESOs’) should adopt European standards in accordance with Article 10of Regulation (EU) No 1025/2012 of the European Parliament and of the Council20.
Those standards should be based on current international standards or ongoinginternational standardisation work, where applicable.

(51)

Technical specifications as specified in Annex II to Directive 2014/94/EU of theEuropean Parliament and of the Council are to remain applicable as specified in that
Directive.

(52)

In the application of this Regulation, the Commission should consult relevant expert
groups, and in particular the Sustainable Transport Forum (‘STF’) and the European
Sustainable Shipping Forum (‘ESSF’). Such expert consultation is of particularimportance when the Commission intends to adopt delegated or implementing acts
under this Regulation.

(53)

Alternative fuels infrastructure is a fast developing area. The lack of common
technical specification constitutes a barrier for the creation of a single market ofalternative fuels infrastructure. Therefore, the power to adopt acts in accordance with
Article 290 TFEU should be delegated to the Commission to norm technicalspecifications for areas where common technical specifications are outstanding but
necessary. In particular, this should include the communication between the electricvehicle and the recharging point, the communication between the recharging point andthe recharging software management system (back-end); the communication related tothe electric vehicle roaming service and the communication with the electricity grid. It
is also necessary to define the suitable governance framework and roles of thedifferent actors involved in the vehicle-to-grid communication ecosystem. Moreover,emerging technological developments, such as electric road systems (‘ERS’) have to20

Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on
European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and2009/105/EC of the European Parliament and of the Council and repealing Council Decision
87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316,
14.11.2012, p. 12).

25EN

be accounted for. As concerns data provision, it is necessary to provide for additional
data types and technical specifications related to the format, the frequency and thequality in which these data should be made available and accessible.
(54)

The market for alternative fuels and in particular for zero emission fuels is still in theearly stages of development and technology is evolving fast. This should likely affectthe demand for alternative fuels and consequently for alternative fuels infrastructure
across the modes. The Commission should therefore review this Regulation by the endof 2026 in particular as regards the targets setting for electric recharging points for
HDV as well as targets for infrastructure for alternative fuels for zero-emission vessels
and aircraft in waterborne transport and aviation.

(55)

Since the objective of this Regulation, namely to promote a broad market developmentof alternative fuels, cannot be sufficiently achieved by the Member States individually,
but can rather, by reason of the need for action to meet the demand for a critical massof alternative fuel vehicles and for cost-efficient developments by European industry,
and to allow Union-wide mobility of alternative fuel vehicles, be better achieved atUnion level, the Union may adopt measures, in accordance with the principle ofsubsidiarity as set out in Article 5 of the Treaty on European Union. In accordancewith the principle of proportionality, as set out in that Article, this Regulation does not
go beyond what is necessary in order to achieve that objective.

(56)

Directive 2014/94/EU should therefore be repealed,

HAVE ADOPTED THIS REGULATION:
Article 1
Subject matter

EN

1.

This Regulation sets out mandatory national targets for the deployment of sufficient
alternative fuels infrastructure in the Union, for road vehicles, vessels and stationary
aircraft. It lays down common technical specifications and requirements on user
information, data provision and payment requirements for alternative fuels
infrastructure.

2.

This Regulation sets out rules for the national policy frameworks to be adopted by
the Member States, including the deployment of alternative fuels infrastructure inareas where no mandatory Union wide targets are set and the reporting on the
deployment of such infrastructure.

3.

This Regulation establishes a reporting mechanism to stimulate cooperation andensures a robust tracking of progress. The mechanism shall comprise a structured,transparent, iterative process between the Commission and Member States for the
purpose of the finalisation of the national policy frameworks and their subsequent
implementation and corresponding Commission action.

26

EN

Article 2
Definitions
For the purposes of this Regulation, the following definitions apply:(1)‘accessibility of data’ means a possibility to request and obtain the data at any time ina machine readable format, as defined in Article 2, point (5) of Commission
Delegated Regulation (EU) 2015/96221;(2)‘ad hoc price’ means the price charged by an operator of a recharging or refuelling
point to an end user for recharging or refuelling on an ad hoc basis;(3)‘alternative fuels’ means fuels or power sources which serve, at least partly, as a
substitute for fossil oil sources in the energy supply to transport and which have thepotential to contribute to its decarbonisation and enhance the environmental
performance of the transport sector, including:‘alternative fuels for zero-emission vehicles’:–electricity,–hydrogen,–ammonia,(b)‘renewable fuels’:–biomass fuels and biofuels as defined in Article 2, points (27) and (33) of
Directive (EU) 2018/2001,–

synthetic and paraffinic fuels, including ammonia, produced from renewableenergy,(c)‘alternative fossil fuels’ for a transitional phase:–natural gas, in gaseous form (compressed natural gas (CNG)) and liquefied
form (liquefied natural gas (LNG)),–liquefied petroleum gas (LPG),–

synthetic and paraffinic fuels produced from non-renewable energy;(4)‘airport of the TEN-T core and TEN-T comprehensive network’ means an airport aslisted and categorised in Annex II to Regulation (EU) No 1315/2013;(5)‘airport managing body’ as defined in Article 2, point (2) of Directive 2009/12/EC of
the European Parliament and of the Council22;(6)‘automatic authentication’ means the authentication of a vehicle at a recharging point
through the recharging connector or telematics;(7)‘availability of data’ means the existence of data in a digital machine-readable
format.

21

Commission Delegated Regulation (EU) 2015/962 of 18 December 2014 supplementing Directive
2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide
real-time traffic information services (OJ L 157, 23.6.2015, p. 21).
Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport
charges, (OJ L 70, 14.3.2009, p. 11).

22

EN

(a)

27

EN

(8)

‘battery electric vehicle’ means an electric vehicle that exclusively runs on theelectric motor, with no secondary source of propulsion;(9)‘bi-directional recharging’ means a smart recharging operation where the direction of
the electricity flow may be reversed, allowing that electricity flows from the battery
to the recharging point it is connected to;(10)‘connector’ means the physical interface between the recharging point and theelectric vehicle through which the electric energy is exchanged;(11)‘commercial air transport’ means air transport as defined in Article 3, point (24) ofRegulation (EU) 2018/1139 of the European Parliament and of the Council23;(12)‘container ship’ means a ship designed exclusively for the carriage of containers inholds and on deck;(13)‘contract-based payment’ means a payment for a recharging or refuelling service
from the end user to a mobility service provider on the basis of a contract between
the end user and the mobility service provider;(14)‘digitally-connected recharging point’ means a recharging point that can send andreceive information in real time, communicate bi-directionally with the electricity
grid and the electric vehicle, and that can be remotely monitored and controlled,
including to start and stop the recharging session and to measure electricity flows;(15)‘distribution system operator’ means an operator as defined in Article 2, point (29) of
Directive (EU) 2019/944;(16)‘dynamic data’ means data that do change often or on a regular basis;(17)‘electric road system’ means a physical installation along a road that allows for thetransfer of electricity to an electric vehicle while the vehicle is in motion;(18)‘electric vehicle’ means a motor vehicle equipped with a powertrain containing atleast one non-peripheral electric machine as energy converter with an electric
rechargeable energy storage system, which can be recharged externally;(19)‘electricity supply to stationary aircraft’ means the supply of electricity through astandardised fixed or mobile interface to aircraft when stationed at the gate or at an
airport outfield position;(20)‘end user’ means a physical or legal person purchasing an alternative fuel for directuse in a vehicle;(21)‘e-roaming’ means the exchange of data and payments between the operator of arecharging or refuelling point and a mobility service provider from which an end userpurchases a recharging service;(22)‘e-roaming platform’ means a platform connecting market actors, notably mobility
service providers and operators of recharging or refuelling points, to enable services
between them, including e-roaming;

23

EN

Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common
rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, andamending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014
and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, andrepealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of theCouncil and Council Regulation (EEC) (OJ L 212, 22.8.2018, p. 1).

28

EN

(23)

‘European standard’ means a standard as defined in Article 2, point (1)(b) ofRegulation (EU) No 1025/2012.

(24)‘freight terminal’ means a freight terminal as defined in in Article 3 point (s) ofRegulation (EU) No 1315/2013;(25)‘gross tonnage’ (GT) means gross tonnage as defined in Article 3, point (e) ofRegulation (EU) 2015/757 of the European Parliament and the Council 24;(26)‘heavy-duty vehicle’ means a motor vehicle of categories M2, M3, N2 or N3 as
defined in Annex II to Directive 2007/46/EC25;(27)‘high power recharging point’ means a recharging point that allows for a transfer ofelectricity to an electric vehicle with a power output of more than 22 kW;(28)‘high-speed passenger craft’ means a craft as defined in Regulation 1 of Chapter X of
SOLAS 74, and carrying more than 12 passengers;(29)‘light-duty vehicle’ means a motor vehicle of categories M1 or N1 as defined in
Annex II to Directive 2007/46/EC;(30)‘mobility service provider’ means a legal person who provides services in return for
remuneration to an end user, including the sale of a recharging service;(31)‘normal power recharging point’ means a recharging point that allows for a transfer
of electricity to an electric vehicle with a power output less than or equal to 22 kW;(32)‘national access point’ means a digital interface where certain static and dynamic
data are made accessible for re-use to data users, as implemented by Member Statesin compliance with Article 3 of Commission Delegated Regulation (EU) 2015/962;(33)‘operator of a recharging point’ means the entity responsible for the management andoperation of a recharging point, which provides a recharging service to end users,
including in the name and on behalf of a mobility service provider;(34)‘operator of a refuelling point’ means the entity responsible for the management andoperation of a refuelling point, which provides a refuelling service to end users,
including in the name and on behalf of a mobility service provider;(35)‘passenger ship’ means a ship that carries more than 12 passengers, including cruise
ships, high-speed passenger crafts and ships with facilities to enable road or rail
vehicles to roll on and roll off the vessel (‘ro-ro passenger ships’);(36)‘plug-in hybrid vehicle’ means an electric vehicle constituted by a conventional
combustion engine combined with an electric propulsion system, which can berecharged from an external electric power source;(37)‘power output’ means the theoretical maximum power, expressed in kW, that can beprovided by a recharging point, station, or pool or a shore-side electricity supply
installation to a vehicle or vessel connected to that recharging point, station, pool or
installation;

24

25

EN

Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on themonitoring, reporting and verification of carbon dioxide emissions from maritime transport, andamending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55).
Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishinga framework for the approval of motor vehicles and their trailers, and of systems, components andseparate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

29

EN

EN

(38)

‘publicly accessible’ alternative fuels infrastructure, means an alternative fuels
infrastructure which is located at a site or premise that is open to the general public,
irrespective of whether the alternative fuels infrastructure is located on public or on
private property, whether limitations or conditions apply in terms of access to the siteor premise and irrespective of the applicable use conditions of the alternative fuels
infrastructure;(39)‘Quick Response code’ (QR code) means an ISO 18004-compliant encoding andvisualization of data;(40)‘recharge on an ad hoc basis’ means a recharging service purchased by an end user
without the need for that end user to register, conclude a written agreement, or enter
into a longer-lasting commercial relationship with the operator of that recharging
point beyond the mere purchase of the service;(41)‘recharging point’ means a fixed or mobile interface that allows for the transfer ofelectricity to an electric vehicle, which, whilst it may have one or several connectors
to accommodate different connector types, is capable of recharging only one electricvehicle at a time, and excludes devices with a power output less than or equal to 3,7
kW the primary purpose of which is not recharging electric vehicles.

(42)‘recharging point, station or pool dedicated to light-duty vehicles’ means arecharging point, station or pool intended for recharging light-duty vehicles, either
due to the specific design of the connectors/plugs or the design of the parking space
adjacent to the recharging point, station or pool, or both;(43)‘recharging point, station or pool dedicated to heavy-duty vehicles’ means arecharging point, station or pool intended for recharging heavy-duty vehicles, either
due to the specific design of the connectors/plugs or to the design of the parking
space adjacent to the recharging point, station or pool, or both;(44)‘recharging pool’ means one or more recharging stations at a specific location;(45)‘recharging station’ means a single physical installation at a specific location,
consisting of one or more recharging points;(46)‘recharging service’ means the sale or provision of electricity, including related
services, through a publicly accessible recharging point;(47)‘recharging session’ means the full process of recharging a vehicle at a publicly
accessible recharging point from the moment the vehicle is connected to the moment
the vehicle is disconnected;(48)‘refuel on an ad hoc basis’ means a refuelling service purchased by an end user
without the need for that end user to register, conclude a written agreement, or enter
into a longer-lasting commercial relationship with the operator of that refuelling
point beyond the mere purchase of the service;(49)‘refuelling point’ means a refuelling facility for the provision of any liquid or
gaseous alternative fuel, through a fixed or a mobile installation, which is capable ofrefuelling only one vehicle at a time;(50)‘refuelling service’ means the sale or provision of any liquid or gaseous alternativefuel through a publicly accessible refuelling point;(51)‘refuelling session’ means the full process of refuelling a vehicle at a publicly
accessible refuelling point from the moment the vehicle is connected to the moment
the vehicle is disconnected;

30

EN

(52)

‘refuelling station’ means a single physical installation at a specific location,
consisting of one or more refuelling points;(53)‘regulatory authority’ means a regulatory authority designated by each Member State
pursuant to Article 57(1) of Directive (EU) 2019/944;(54)‘renewable energy’ means energy from renewable non-fossil sources as defined in
Article 2, point (1) of Directive (EU) 2018/2001;(55)‘ro-ro passenger ship’ means a ship with facilities to enable road or rail vehicles toroll on and roll off the vessel, and carrying more than 12 passengers;(56)‘safe and secure parking’ means a parking and rest area as referenced in Article 17,
point(1)(b) that is dedicated to heavy-duty vehicles overnight parking;(57)‘ship at berth’ means ship at berth as defined in Article 3, point (n) of Regulation(EU) 2015/757;(58)‘shore-side electricity supply’ means the provision of shore-side electrical power
through a standardised interface to seagoing ships or inland waterway vessels at
berth;(59)‘smart recharging’ means a recharging operation in which the intensity of electricity
delivered to the battery is adjusted in real-time, based on information received
through electronic communication;(60)‘static data’ means data that do not change often or on a regular basis;(61)‘TEN-T comprehensive network’ means a network as defined in Article 9 ofRegulation (EU) No 1315/2013;(62)‘TEN-T core network’ means a network as defined in Article 38 of Regulation (EU)No 1315/2013;(63)‘TEN-T core inland waterway port and TEN-T comprehensive inland waterway port’means an inland waterway port of the TENT-T core or comprehensive networks, as
listed and categorised in Annex II of Regulation (EU) No 1315/2013;(64)‘TEN-T core maritime port and TEN-T comprehensive maritime port’ means amaritime port of the TENT-T core or comprehensive networks, as listed andcategorised in Annex II of Regulation (EU) No 1315/2013;(65)‘transmission system operator’ means a system operator as defined in Art 2, point(35) of Directive (EU) 2019/944;(66)‘urban node’ means an urban node as defined in Article 3, point (p) of Regulation(EU No) 1315/2013.

Article 3
Targets for electric recharging infrastructure dedicated to light-duty vehicles
1.

Member States shall ensure that:–EN

publicly accessible recharging stations for light-duty vehicles are deployedcommensurate to the uptake of light-duty electric vehicles;

31

EN

–

in their territory, publicly accessible recharging stations dedicated to light-duty
vehicles are deployed that provide sufficient power output for those vehicles.

To that end Member States shall ensure that, at the end of each year, starting fromthe year referred to in Article 24, the following power output targets are met
cumulatively:

2.

(a)

for each battery electric light-duty vehicle registered in their territory, a total
power output of at least 1 kW is provided through publicly accessible
recharging stations; and(b)for each plug-in hybrid light-duty vehicle registered in their territory, a total
power output of at least 0.66 kW is provided through publicly accessible
recharging stations.

Member States shall ensure a minimum coverage of publicly accessible recharging
points dedicated to light-duty vehicles on the road network in their territory. To that
end, Member States shall ensure that:
(a)

(b)

3.

along the TEN-T core network, publicly accessible recharging pools dedicatedto light-duty vehicles and meeting the following requirements are deployed ineach direction of travel with a maximum distance of 60 km in-between them:(i)by 31 December 2025, each recharging pool shall offer a power
output of at least 300 kW and include at least one recharging
station with an individual power output of at least 150 kW;(ii)

by 31 December 2030, each recharging pool shall offer a power
output of at least 600 kW and include at least two recharging
stations with an individual power output of at least 150 kW;

along the TEN-T comprehensive network, publicly accessible recharging pools
dedicated to light-duty vehicles and meeting the following requirements are
deployed in each direction of travel with a maximum distance of 60 km inbetween them:(i)by 31 December 2030, each recharging pool shall offer a power
output of at least 300 kW and include at least one recharging
station with an individual power output of at least 150 kW;(ii)

by 31 December 2035, each recharging pool shall offer a power
output of at least 600 kW and include at least two recharging
stations with an individual power output of at least 150 kW.

Neighbouring Member States shall ensure that the maximum distances referred to inpoints (a) and (b) are not exceeded for cross-border sections of the TEN-T core andthe TEN-T comprehensive network.

Article 4
Targets for electric recharging infrastructure dedicated to heavy-duty vehicles
1.

EN

Member States shall ensure a minimum coverage of publicly accessible recharging
points dedicated to heavy-duty vehicles in their territory. To that end, Member Statesshall ensure that:

32

EN

(a)

(b)

2.

along the TEN-T core network, publicly accessible recharging pools dedicatedto heavy-duty vehicles and meeting the following requirements are deployed ineach direction of travel with a maximum distance of 60 km in-between them:(i)by 31 December 2025, each recharging pool shall offer a power
output of at least 1400 kW and include at least one recharging
station with an individual power output of at least 350 kW;(ii)

by 31 December 2030, each recharging pool shall offer a power
output of at least 3500 kW and include at least two recharging
stations with an individual power output of at least 350 kW;

along the TEN-T comprehensive network, publicly accessible recharging pools
dedicated to heavy-duty vehicles and meeting the following requirements are
deployed in each direction of travel with a maximum distance of 100 km inbetween them:(i)by 31 December 2030, each recharging pool shall offer a power
output of at least 1400 kW and include at least one recharging
station with an individual power output of at least 350 kW;(ii)

by 1 December 2035, each recharging pool shall offer a power
output of at least 3500 kW and include at least two recharging
stations with an individual power output of at least 350 kW;(c)by 31 December 2030, in each safe and secure parking area at least one
recharging station dedicated to heavy-duty vehicles with a power output of atleast 100 kW is installed;(d)by 31 December 2025, in each urban node publicly accessible recharging
points dedicated to heavy-duty vehicles providing an aggregated power output
of at least 600 kW are deployed, provided by recharging stations with anindividual power output of at least 150 kW;(e)by 31 December 2030, in each urban node publicly accessible recharging
points dedicated to heavy-duty vehicles providing an aggregated power output
of at least 1200 kW are deployed, provided by recharging stations with anindividual power output of at least 150 kW.

Neighbouring Member States shall ensure that the maximum distances referred to inpoints (a) and (b) are not exceeded for cross-border sections of the TEN-T core andthe TEN-T comprehensive network.

Article 5
Recharging infrastructureEN

1.

Operators of publicly accessible recharging stations shall be free to purchaseelectricity from any Union electricity supplier, subject to the supplier's agreement.

2.

Operators of recharging points shall, at the publicly accessible recharging points
operated by them, provide end users with the possibility to recharge their electricvehicle on an ad hoc basis using a payment instrument that is widely used in theUnion. To that end:

33

EN

(a)

operators of recharging points shall, at publicly accessible recharging stations
with a power output below 50 kW, deployed from the date referred to in
Article 24, accept electronic payments through terminals and devices used for
payment services, including at least one of the following:(i)payment card readers;(ii)

devices with a contactless functionality that is at least able to readpayment cards;(iii) devices using an internet connection with which for instance a Quick
Response code can be specifically generated and used for the paymenttransaction;(b)operators of recharging points shall, at publicly accessible recharging stations
with a power output equal to or more than 50 kW, deployed from the datereferred to in Article 24, accept electronic payments through terminals anddevices used for payment services, including at least one of the following:(i)payment card readers;(ii)

devices with a contactless functionality that is at least able to readpayment cards.

From 1 January 2027 onwards, operators of recharging points shall ensure that all
publicly accessible recharging stations with a power output equal to or more than 50
kW operated by them comply with the requirement in point (b).
The requirements laid down in points (a) and (b) shall not apply to publicly
accessible recharging points that do not require payment for the recharging service.

EN

3.

Operators of recharging points shall, when they offer automatic authentication at a
publicly accessible recharging point operated by them, ensure that end users always
have the right not to make use of the automatic authentication and may either
recharge their vehicle on an ad hoc basis, as provided for in paragraph 3, or use
another contract-based recharging solution offered at that recharging point. Operatorsof recharging points shall transparently display that option and offer it in aconvenient manner to the end user, at each publicly accessible recharging point thatthey operate and where they make available automatic authentication.

4.

Prices charged by operators of publicly accessible recharging points shall bereasonable, easily and clearly comparable, transparent and non-discriminatory.
Operators of publicly accessible recharging points shall not discriminate between theprices charged to end users and prices charged to mobility service providers nor
between prices charged to different mobility service providers. Where relevant, thelevel of prices may only be differentiated in a proportionate manner, according to an
objective justification.

5.

Operators of recharging points shall clearly display the ad hoc price and all its
components at all publicly accessible recharging stations operated by them so thatthese are known to end users before they initiate a recharging session. At least thefollowing price components, if applicable at the recharging station, shall be clearly
displayed:–

price per session,–price per minute,

34

EN

–

price per kWh.

6.

Prices charged by mobility service providers to end users shall be reasonable,transparent and non-discriminatory. Mobility service providers shall make available
to end users all applicable price information, prior to the start of the recharging
session, and specific to their intended recharging session, through freely available,
widely supported electronic means, clearly distinguishing the price components
charged by the operator of recharging point, applicable e-roaming costs and otherfees or charges applied by the mobility service provider. The fees shall bereasonable, transparent and non-discriminatory. No extra charges for cross-border eroaming shall be applied.

7.

From the date referred to in Article 24, operators of recharging points shall ensurethat all publicly accessible recharging points operated by them are digitallyconnected recharging points.

8.

From the date referred to in Article 24, operators of recharging points shall ensurethat all publicly accessible normal power recharging points operated by them arecapable of smart recharging.

9.

Member States shall take the necessary measures to ensure that appropriate
signposting is deployed within parking and rest areas on the TEN-T road network
where alternative fuels infrastructure is installed, to enable easy identification of theexact location of the alternative fuels infrastructure.

10.

Operators of publicly accessible recharging points shall ensure that all direct current(DC) publicly accessible recharging points operated by them have a fixed recharging
cable installed.

11.

Where the operator of a recharging point is not the owner of that point, the ownershall make available to the operator, in accordance with the arrangements between
them, a recharging point with the technical characteristics which enable the operator
to comply with the obligation set out in paragraphs 1, 3, 7, 8 and 10.
Article 6
Targets for hydrogen refuelling infrastructure of road vehicles

1.

Member States shall ensure that, in their territory, a minimum number of publicly
accessible hydrogen refuelling stations are put in place by 31 December 2030.
To that end Member States shall ensure that by 31 December 2030 publicly
accessible hydrogen refuelling stations with a minimum capacity of 2 t/day andequipped with at least a 700 bars dispenser are deployed with a maximum distance of
150 km in-between them along the TEN-T core and the TEN-T comprehensive
network. Liquid hydrogen shall be made available at publicly accessible refuelling
stations with a maximum distance of 450 km in-between them.
They shall ensure that by 31 December 2030, at least one publicly accessiblehydrogen refuelling station is deployed in each urban node. An analysis on the best
location shall be carried out for such refuelling stations that shall in particularconsider the deployment of such stations in multimodal hubs where also othertransport modes could be supplied.

EN

35

EN

2.

Neighbouring Member States shall ensure that the maximum distance referred to inparagraph 1, second subparagraph is not exceeded for cross-border sections of the
TEN-T core and the TEN-T comprehensive network.

3.

The operator of a publicly accessible refuelling station or, where the operator is not
the owner, the owner of that station in accordance with the arrangements between
them, shall ensure that the station is designed to serve light-duty and heavy-duty
vehicles. In freight terminals, operators or owners of these publicly accessiblehydrogen refuelling stations shall ensure that these stations also serve liquidhydrogen.
Article 7
Hydrogen refuelling infrastructure

1.

From the date referred to in Article 24 all operators of publicly accessible hydrogen
refuelling stations operated by them shall provide for the possibility for end users torefuel on an ad hoc basis using a payment instrument that is widely used in theUnion. To that end, operators of hydrogen refuelling stations shall ensure that allhydrogen refuelling stations operated by them accept electronic payments throughterminals and devices used for payment services, including at least one of thefollowing:(a)payment card readers;(b)devices with a contactless functionality that is at least able to readpayment cards.

Where the operator of the hydrogen refuelling point is not the owner of that point,
the owner shall make available to the operator, in accordance with the arrangements
between them, hydrogen refuelling points with the technical characteristics whichenable the operator to comply with the obligation set out in this paragraph.

EN

2.

Prices charged by the operators of publicly accessible hydrogen refuelling points
shall be reasonable, easily and clearly comparable, transparent and nondiscriminatory. Operators of publicly accessible hydrogen refuelling points shall notdiscriminate between the prices charged to end users and those charged to mobility
service providers as well as between the prices charged to different mobility service
providers. Where relevant, the level of prices may only be differentiated according to
an objective justification.

3.

Operators of hydrogen refuelling points shall make price information available
before the start of a refuelling session at the refuelling stations operated by them.

4.

Operators of publicly accessible refuelling stations may provide hydrogen refuelling
services to customers on a contractual basis, including in the name and on behalf ofother mobility service providers. Mobility service providers shall charge prices to
end users that are reasonable, transparent and non-discriminatory. Mobility service
providers shall make available to end users all applicable price information, prior to
the start of the recharging session, and specific to their intended recharging session,
through freely available, widely supported electronic means, clearly distinguishing
the price components charged by the operator of the hydrogen refuelling point,
applicable e-roaming costs and other fees or charges applied by the mobility service
provider.

36ENArticle 8
LNG infrastructure for road transport vehicles
Member States shall ensure until 1 January 2025 that an appropriate number of publicly
accessible refuelling points for LNG are put in place, at least along the TEN-T core network,in order to allow LNG heavy-duty motor vehicles to circulate throughout the Union, where
there is demand, unless the costs are disproportionate to the benefits, including environmental
benefits.
Article 9
Targets for shore-side electricity supply in maritime ports
1.

2.

3.

EN

Member States shall ensure that a minimum shore-side electricity supply forseagoing container and passenger ships is provided in maritime ports. To that end,
Member States shall take the necessary measures to ensure that by 1 January 2030:(a)

TEN-T core and TEN-T comprehensive maritime ports whose average annual
number of port calls over the last three years by seagoing container ships above
5000 gross tonnes, in the previous three years, is above 50 have sufficient
shore-side power output to meet at least 90% of that demand;(b)

TEN-T core and TEN-T comprehensive maritime ports whose average annual
number of port calls over the last three years by seagoing ro-ro passenger ships
and high-speed passenger craft above 5000 gross tonnes, in the previous three
years, is above 40 have sufficient shore-side power output to satisfy at least
90% of that demand;(c)

TEN-T core and TEN-T comprehensive maritime ports whose average annual
number of port calls over the last three years by passenger ships other than roro passenger ships and high-speed passenger craft above 5000 gross tonnes, inthe previous three years, is above 25 have sufficient shore-side power output tomeet at least 90% of that demand.

For the determination of the number of port calls the following port calls shall not betaken into account:(a)port calls that are at berth for less than two hours, calculated on the basis ofhour of departure and arrival monitored in accordance with Article 14 of the
proposal for a Regulation COM(2021)562;(b)

port calls by ships that use zero-emission technologies, as specified in Annex
III of the proposal for a Regulation COM(2021)562;(c)unscheduled port calls for reasons of safety or saving life at sea.

Where the maritime port of the TEN-T core network and the TEN-T comprehensive
network is located on an island which is not connected directly to the electricity grid,
paragraph 1 shall not apply, until such a connection has been completed or there is asufficient locally generated capacity from clean energy sources.

37

EN

Article 10
Targets for shore-side electricity supply in inland waterway ports
Member States shall ensure that:(a)at least one installation providing shore-side electricity supply to inland
waterway vessels is deployed at all TEN-T core inland waterway ports by 1
January 2025;(b)

at least one installation providing shore-side electricity supply to inland
waterway vessels is deployed at all TEN-T comprehensive inland waterway
ports by 1 January 2030.
Article 11
Targets for supply of LNG in maritime ports

1.

Member States shall ensure that an appropriate number of refuelling points for LNG
are put in place at TEN-T core maritime ports referred to in paragraph 2, to enableseagoing ships to circulate throughout the TEN-T core network by 1 January 2025.
Member States shall cooperate with neighbouring Member States where necessary toensure adequate coverage of the TEN-T core network.

2.

Member States shall designate in their national policy frameworks TEN-T core
maritime ports that shall provide access to the refuelling points for LNG referred toin paragraph 1, also taking into consideration actual market needs and developments.

Article 12
Targets for supply of electricity to stationary aircraft
1.

2.

Member States shall ensure that airport managing bodies of all TEN-T core andcomprehensive network airports ensure the provision of electricity supply tostationary aircraft by:(a)

1 January 2025, at all gates used for commercial air transport operations;(b)

1 January 2030, at all outfield posts used for commercial air transport
operations.

As of 1 January 2030 at the latest, Member States shall take the necessary measures
to ensure that the electricity supplied pursuant to paragraph 1 comes from theelectricity grid or is generated on site as renewable energy.

Article 13
National policy frameworks
1.

EN

By 1 January 2024, each Member State shall prepare and send to the Commission adraft national policy framework for the development of the market as regards

38

ENalternative fuels in the transport sector and the deployment of the relevant
infrastructure.
That national policy framework shall contain at least the following elements:(a)

an assessment of the current state and future development of the market as
regards alternative fuels in the transport sector, and of the development ofalternative fuels infrastructure, considering intermodal access of alternative
fuels infrastructure and, where relevant, cross-border continuity;(b)national targets and objectives pursuant to Articles 3, 4, 6, 8, 9, 10, 11 and 12
for which mandatory national targets are set out in this Regulation;(c)national targets and objectives for the deployment of alternative fuels
infrastructure related to points (l), (m), (n), (o) and (p) of this paragraph forwhich no mandatory targets are set out in this Regulation;(d)policies and measures necessary to ensure that the mandatory targets andobjectives referred to in points (b) and (c) of this paragraph are reached;(e)measures to promote the deployment of alternative fuels infrastructure forcaptive fleets, in particular for electric recharging and hydrogen refuelling
stations for public transport services and electric recharging stations for car
sharing;(f)measures to encourage and facilitate the deployment of recharging stations forlight-duty and heavy-duty vehicles at private locations that are not accessible tothe public;(g)

measures to promote alternative fuels infrastructure in urban nodes, inparticular with respect to publicly accessible recharging points;(h)measures to promote a sufficient number of publicly accessible high power
recharging points;(i)measures necessary to ensure that the deployment and operation of recharging
points, including the geographical distribution of bidirectional charging points,
contribute to the flexibility of the energy system and to the penetration ofrenewable electricity into the electric system;(j)measures to ensure that publicly accessible recharging and refuelling points areaccessible to older persons, persons with reduced mobility and with disabilities,
which have to be in line with the accessibility requirements of Annex I and
Annex III of Directive 2019/882;(k)measures to remove possible obstacles with regards to planning, permitting andprocuring of alternative fuels infrastructure;(l)a deployment plan for alternative fuels infrastructure in airports other than forelectricity supply to stationary aircraft, in particular for hydrogen and electric
recharging for aircrafts;(m) a deployment plan for alternative fuels infrastructure in maritime ports, inparticular for electricity and hydrogen, for port services as defined inRegulation (EU) 2017/352 of the European Parliament and of the Council26;
26

EN

Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017
establishing a framework for the provision of port services and common rules on the financialtransparency of ports (OJ L 57, 3.3.2017, p. 1).

39

EN

EN

(n)

a deployment plan for alternative fuels infrastructure in maritime ports otherthan for LNG and shore-side electricity supply for use by sea going vessels, inparticular for hydrogen, ammonia and electricity;(o)a deployment plan for alternative fuels in inland waterway transport, inparticular for both hydrogen and electricity;(p)a deployment plan including targets, key milestones and financing needed, forhydrogen or battery electric trains on network segments that will not beelectrified.

2.

Member States shall ensure that the national policy frameworks take into account theneeds of the different transport modes existing on their territory, including those forwhich limited alternatives to fossil fuels are available.

3.

Member States shall ensure that national policy frameworks take into account, as
appropriate, the interests of regional and local authorities, in particular whenrecharging and refuelling infrastructure for public transport is concerned, as well as
those of the stakeholders concerned.

4.

Where necessary, Member States shall cooperate, by means of consultations or joint
policy frameworks, to ensure that the measures required to achieve the objectives ofthis Regulation are coherent and coordinated. In particular, Member States shallcooperate on the strategies to use alternative fuels and deployment of corresponding
infrastructure in waterborne transport. The Commission shall assist the Member
States in the cooperation process.

5.

Support measures for alternative fuels infrastructure shall comply with the relevant
State aid rules of the TFEU.

6.

Each Member State shall make available to the public its draft national policy
framework and shall ensure that the public is given early and effective opportunities
to participate in the preparation of the draft national policy framework.

7.

The Commission shall assess the draft national policy frameworks and may issue
recommendations to a Member State no later than six months after the submission of
the draft national policy frameworks as referred to in paragraph 1. Those
recommendations may, in particular, address:(a)the level of ambition of targets and objectives with a view to meet the
obligations set out in Articles 3, 4, 6, 8, 9, 10, 11 and 12;(b)

policies and measures relating to Member States’ objectives and targets.

8.

Each Member State shall take due account of any recommendations from theCommission in its national policy framework. If the Member State concerned does
not address a recommendation or a substantial part thereof, that Member State shallprovide a written explanation to the Commission.

9.

By 1 January 2025, each Member State shall notify to the Commission its final
national policy framework.

40

ENArticle 14
Reporting1.

Each Member State shall submit to the Commission a standalone progress report on
the implementation of its national policy framework for the first time by 1 January2027 and every two years thereafter.

2.

The progress reports shall cover the information listed in Annex I and shall, whereappropriate, include a relevant justification regarding the level of attainment of thenational targets and objectives referred to in Article 13.

3.

The regulatory authority of a Member States shall assess, at the latest by 30 June
2024 and periodically every three years thereafter, how the deployment andoperation of recharging points could enable electric vehicles to further contribute to
the flexibility of the energy system, including their participation in the balancing
market, and to the further absorption of renewable electricity. That assessment shalltake into account all types of recharging points, whether public or private, andprovide recommendations in terms of type, supporting technology and geographicaldistribution in order to facilitate the ability of users to integrate their electric vehicles
in the system. It shall be made publicly available. On the basis of the results of theassessment, Member States shall, if necessary, take the appropriate measures for the
deployment of additional recharging points and include them in their progress reportreferred to in paragraph 1. The assessment and measures shall be taken into accountby the system operators in the network development plans referred to in Article 32(3)and Article 51 of Directive (EU) 2019/944.

4.

On the basis of input from transmission system operators and distribution system
operators, the regulatory authority of a Member States shall assess, at the latest by 1
30 June 2024 and periodically every three years thereafter, the potential contributionof bidirectional charging to the penetration of renewable electricity into theelectricity system. That assessment shall be made publicly available. On the basis of
the results of the assessment, Member States shall take, if necessary, the appropriate
measures to adjust the availability and geographical distribution of bidirectional
recharging points, in both public and private areas and include them in their progress
report referred to in paragraph 1.

5.

The Commission shall adopt guidance and templates concerning the content,
structure and format of the national policy frameworks and the content of thenational progress reports to be submitted by the Member States in accordance with
Article 13(1) and six months after the date referred to in Article 24. The Commission
may adopt guidance and templates to facilitate the effective application across theUnion of any other provisions of this Regulation.

Article 15
Review of national policy frameworks and progress reports1.

EN

By 1 January 2026, the Commission shall assess the national policy framework
notified by Member States pursuant to Article 13(9) and submit to the European
Parliament and to the Council a report on the assessment of those national policy
frameworks and their coherence at Union level, including a first assessment of the41

ENexpected level of attainment of the national targets and objectives referred to in
Article 13 (1).
2.

The Commission shall assess the progress reports submitted by Member States
pursuant to Article 14(1) and shall as appropriate issue recommendations to Member
States to ensure the achievement of the objectives and obligations laid down in thisRegulation. Following those recommendations, the Member States shall issue an
update of their progress report within six months following the Commission’s
recommendations.

3.

The Commission shall submit to the European Parliament and to the Council a reporton its assessment of the progress reports pursuant to Article 14(1) one year after
submission of the national progress reports by the Member States. This assessment
shall contain an assessment of:

4.

(a)

the progress made at Member States level on the achievement of the targets
and objectives;(b)

the coherence of the development at Union level.

On the basis of national policy frameworks and national progress reports of Member
States pursuant to Article 13 (1) and 14 (1), the Commission shall publish andregularly update information on the national targets and the objectives submitted byeach Member State regarding:(a)the number of publicly accessible recharging points and stations, separately forrecharging points dedicated to light-duty vehicles and recharging points
dedicated to heavy-duty vehicles, and in accordance with the categorisation
provided in Annex III;(b)the number of publicly accessible hydrogen refuelling points;(c)the infrastructure for shore-side electricity supply in maritime and inland portsof the TEN-T core network and the TEN-T comprehensive network;(d)the infrastructure for electricity supply for stationary aircraft in airports of the
TEN-T core network and the TEN-T comprehensive network;(e)the number of refuelling points for LNG at maritime and inland ports of the
TEN-T core network and the TEN-T comprehensive network;(f)the number of publicly accessible refuelling points for LNG for motor vehicles;(g)the number of publicly accessible CNG refuelling points for motor vehicles;(h)refuelling and recharging points for other alternative fuels at TEN-T core andcomprehensive maritime and inland ports;(i)

refuelling and recharging points for other alternative fuels at airports of the
TEN-T core network and the TEN-T comprehensive network;(j)refuelling and recharging points for rail transport.

Article 16
Progress tracking

EN

42

EN

1.

By 28 February of the year following the entry into force of this Regulation andevery year thereafter by the same date, Member States shall report to theCommission the total aggregated recharging power output, the number of publicly
accessible recharging points and the number of registered battery electric and plug-in
hybrid vehicles deployed on their territory on 31 December of the previous year, in
accordance with the requirements of Annex III.

2.

Where it is evident from the report referred to in paragraph 1 of this Article or fromany information available to the Commission that a Member State is at risk of not
meeting its national targets as referred to in Article 3(1), the Commission may issue afinding to this effect and request the Member State concerned to take corrective
measures to meet the national targets. Within three months following the receipt of
the Commission’s findings, the Member State concerned shall notify to theCommission the corrective measures that it plans to implement to meet the targets set
in Article 3(1). The corrective measures shall entail additional actions that theMember State shall implement to meet the targets set in Article 3 (1) and a clear
timetable for actions that enables the assessment of the annual progress towards
meeting those targets. Where the Commission finds that the corrective measures are
satisfactory, the Member State concerned shall update its latest progress report asreferred to in Article 14 with these corrective measures and submit it to theCommission.
Article 17
User information

1.

Relevant, consistent and clear information shall be made available as regards motor
vehicles which can be regularly fuelled with individual fuels placed on the market, or
recharged by recharging points. That information shall be made available in motor
vehicle manuals, at refuelling and recharging points, on motor vehicles and in motor
vehicle dealerships in their territory. This requirement shall apply to all motor
vehicles, and their motor vehicle manuals, placed on the market after 18 November
2016.

2.

Identification of vehicles and infrastructures compatibility as well as identification offuels and vehicle compatibility referred to in paragraph 1 shall be in compliance withthe technical specifications referred to in points 9.1 and 9.2 of Annex II. Where suchstandards refer to a graphical expression, including a colour coding scheme, thegraphical expression shall be simple and easy to understand, and it shall be placed ina clearly visible manner:

3.

EN

(a)

on corresponding pumps and their nozzles at all refuelling points, as from thedate on which fuels are placed on the market; or(b)in the immediate proximity of all fuel tanks' filling caps of motor vehicles
recommended for and compatible with that fuel and in motor vehicle manuals,
when such motor vehicles are placed on the market after 18 November 2016.

When fuel prices are displayed at a fuel station, a comparison between the relevant
unit prices shall be displayed where appropriate, and in particular for electricity andhydrogen, for information purposes following the common methodology foralternative fuels unit price comparison referred to in point 9.3 of Annex II.

43

EN

4.

5.

Where European Standards setting technical specifications of a fuel do not include
labelling provisions for compliance with the standards in question, where thelabelling provisions do not refer to a graphical expression including colour coding
schemes, or where the labelling provisions are not suitable for attaining theobjectives of this Regulation, the Commission may, for the purposes of the uniform
implementation of paragraphs 1 and 2:(a)mandate ESOs to develop compatibility labelling specifications,(b)adopt implementing acts determining the graphical expression, including acolour coding scheme, of compatibility for fuels introduced in the Union
market which reach the level of 1 % of the total volume of sales, in theassessment of the Commission, in more than one Member State.

Where provisions on labelling of the respective European Standards are updated,
implementing acts regarding the labelling are adopted or new European Standards foralternative fuels are developed, as necessary, the corresponding requirements onlabelling shall apply to all refuelling and recharging points and motor vehicles
registered on the territory of the Member States 24 months after their respective
updating or adoption.
Article 18
Data provisions

1.

Member States shall appoint an Identification Registration Organisation (‘IDRO’).
The IDRO shall issue and manage unique identification (‘ID’) codes to identify, atleast operators of recharging points and mobility service providers, at the latest one
year after the date referred to in Article 24.

2.

Operators of publicly accessible recharging and refuelling points or, in accordancewith the arrangement between them, the owners of those points, shall ensure theavailability of static and dynamic data concerning alternative fuels infrastructure
operated by them and allow accessibility of that data through the National Access
Points at no cost. The following data types shall be made available:(a)static data for publicly accessible recharging and refuelling points operated by
them:
(i)

geographic location of the recharging or refuelling point,(ii)

number of connectors,(iii) number of parking spaces for people with disabilities,(iv) contact information of the owner and operator of the recharging andrefuelling station.
(b)further static data for publicly accessible recharging points operated by them:(i)identification (ID) codes, at least of the operator of the recharging point
and mobility service providers offering services at that recharging point,
as referred to in paragraph 1,(ii)

type of connector,(iii) type of current (AC/DC),

EN

44

EN

(iv) power output (kW),(c)

dynamic data for all recharging and refuelling points operated by them:(i)operational status (operational/out of order),(ii)

availability (in use/ not in use),(iii) ad hoc price.
3.

Member States shall ensure the accessibility of data on an open and nondiscriminatory basis to all stakeholders through their National Access Point inapplication of Directive 2010/40/EU of the European Parliament and the Council27.

4.

The Commission shall be empowered to adopt delegated acts in accordance with
Article 17 to:(a)

add additional data types to the ones specified in paragraph 2;(b)specify elements related to the data format, frequency and quality in whichthese data shall be made available;(c)establish detailed procedures enabling the provision and exchange of datarequired pursuant to paragraph 2.
Article 19
Common technical specifications

EN

1.

Normal power recharging points for electric vehicles, excluding wireless or inductive
units, deployed or renewed from the date referred to in Article 24, shall comply atleast with the technical specifications set out in point 1.1 of Annex II.

2.

High power recharging points for electric vehicles, excluding wireless or inductive
units, deployed or renewed from the date referred to in Article 24 shall comply atleast with the technical specifications set out in point 1.2 of Annex II.

3.

Publicly accessible hydrogen refuelling points deployed or renewed from the datereferred to in Article 24 shall comply with the technical specifications set out inpoints 3.1, 3.2, 3.3, and 3.4 of Annex II.

4.

Shore-side electricity supply installations for maritime transport, deployed or
renewed from the date referred to in Article 24 shall comply with the technicalspecifications set out in points 4.1 and 4.2 of Annex II.

5.

CNG refuelling points for motor vehicles deployed or renewed from the date referred
to in Article 24 shall comply with the technical specifications set out in point 8 ofAnnex II.

6.

In accordance with Article 10 of Regulation (EU) No 1025/2012, the Commission
may request European standardisation organisations to draft European standards
defining technical specifications for areas referred to in Annex II to this Regulation
for which no common technical specifications have been adopted by theCommission.

27

Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework
for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces withother modes of transport (OJ L 207, 6.8.2010, p. 1).

45

EN

7.

The Commission shall be empowered to adopt delegated acts in accordance with
Article 17 to:(a)supplement this Article with common technical specifications, to enable
full technical interoperability of the recharging and refuelling
infrastructure in terms of physical connections and communicationexchange for the areas listed in Annex II;(b)amend Annex II by updating the references to the standards referred to in
the technical specifications set out in that Annex.
Article 20
Exercise of the delegation

1.

The power to adopt delegated acts is conferred on the Commission subject to theconditions laid down in this Article.

2.

The power to adopt delegated acts referred to in Articles 18 and 19 shall be conferredon the Commission for a period of five years from the date referred to in Article 24.
The Commission shall draw up a report in respect of the delegation of power notlater than nine months before the end of the five-year period. The delegation of
power shall be tacitly extended for periods of an identical duration, unless theEuropean Parliament or the Council opposes such extension not later than threemonths before the end of each period.

3.

The delegation of power referred in Articles 18 and 19 may be revoked at any timeby the European Parliament or by the Council. A decision to revoke shall put an end
to the delegation of the power specified in that decision. It shall take effect the day
following the publication of the decision in the Official Journal of the European
Union or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4.

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.

5.

A delegated act adopted pursuant to Articles 18 and 19 shall enter into force only if
no objection has been expressed either by the European Parliament or the Council
within a period of two months of notification of that act to the European Parliament
and the Council or if, before the expiry of that period, the European Parliament andthe Council have both informed the Commission that they will not object. That
period shall be extended by three months at the initiative of the European Parliament
or of the Council.
Article 21
Committee procedure

EN

1.

The Commission shall be assisted by a committee. That committee shall be acommittee within the meaning of Regulation (EU) No 182/2011.

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No
182/2011 shall apply. Where the committee delivers no opinion, the Commission

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ENshall not adopt the draft implementing act and the third subparagraph of Article 5(4)of Regulation (EU) No 182/2011 shall apply.
3.

Where the opinion of the committee is to be obtained by written procedure, thatprocedure shall be terminated without result when, within the time limit for deliveryof the opinion, the chair of the committee so decides or a simple majority ofcommittee members so request.
Article 22
Review

By 31 December 2026, the Commission shall review this Regulation, and, where appropriate,
submit a proposal to amend it.

Article 23
1.

Repeal Directive 2014/94/EU is repealed from the date referred to in Article 24.

2.

References to Directive 2014/94/EU shall be construed as references to thisRegulation and shall be read in accordance with the correlation table laid down inAnnex IV.

Article 24
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,

For the European Parliament
The President

EN

For the Council
The President

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EN