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}



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 infrastructure. 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 the European 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 communication. The European Green Deal calls for a 90% reduction in greenhouse gas (GHG) emissions in transport. 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 at least 55% by 2030 compared to 1990 and to put Europe on a responsible path to becoming climate-neutral by 2050. The Stepping up Europe’s 2030 Climate Ambition communication 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 the European Climate Law. In December 2020, the Commission adopted the Sustainable and Smart Mobility Strategy communication). The strategy lays the foundation for how the EU transport system can achieve 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 and aeroplanes 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 hand with 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 zero-emission vehicles in all transport modes. In the passenger car markets particularly, the broad mass of consumers will only switch to zero- emission vehicles once they are sure they 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 is left behind and that regional disparities in the deployment of the infrastructure for alternative 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’) 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 for alternative 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 circulation of such vehicles and vessels on the TEN-T network. In its recent report on the application of Directive 2014/94/EU on the deployment of alternative fuels infrastructure, the Commission noted some progress in the Directive’s implementation. However, the shortcomings 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, their level 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 in electric vehicles remain and that the deployment of recharging infrastructure in the Union needs to accelerate. The Commission carried out an ex post evaluation of this Directive. The evaluation found that 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 planning on average lacks the level of ambition, consistency and coherence needed, leading to insufficient, unevenly distributed infrastructure. Further interoperability issues with physical 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 of interoperable, easy-to use recharging and refuelling infrastructure is likely to become a barrier to the needed market growth of low- and zero-emission vehicles, vessels and – in the 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 the economy to complement national efforts to achieve the increased climate ambition for 2030, as described in the Commission’s 2021 work programme. This initiative seeks to ensure the availability and usability of a dense, widespread network of 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 from transport and developing a common EU transport market require full connectivity and a seamless user experience along the European transport network for low- and zero-emission vehicles, vessels and aircraft. This in turn requires sufficient quantity and full interoperability of infrastructure across borders. Only a common European legislative framework can reach these objectives. This initiative will contribute to coherent and consistent 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. This initiative complements in particular: (i) the regulations setting CO2 emission performance standards for new passenger cars and new light commercial vehicles and heavy-duty vehicles; and (ii) the legislative proposal for setting new CO2 emission performance standards for new cars and new light commercial vehicles post-2020, also part of the ‘Fit for 55’ package. 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 sufficient publicly available recharging and refuelling infrastructure is in place for light- and heavy-duty road transport vehicles. This initiative also acts in strong synergy with the revision of the Renewable Energy Directive, the Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport (RefuelEU Aviation initiative) and the proposal for a Regulation of the European Parliament and of the Council on the use of renewable and low-carbon-fuels in maritime transport (FuelEU Maritime initiative), 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 of sustainable 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 and accommodating 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 their power 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 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 to overcoming 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 for ports 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 the overall ramp-up of renewable and low-carbon fuels in the transport sector, where they require 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 modes of 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 Network. The planned revision of that Regulation will build upon and complement the alternative fuels infrastructure already deployed through individual projects on the TEN-T network corridors. By consistently cross-referencing the provisions of this initiative, the revision of the Regulation will ensure sufficient coverage on the TEN-T core and comprehensive network. By ensuring that the necessary infrastructure for zero- and low-emission vehicles and vessels is in place, this initiative will also complement a set of other policy initiatives under the ‘Fit for 55’ package that stimulate demand for such vehicles by setting price signals that incorporate the climate and environmental externalities of fossil fuels; such initiatives include the revision of the Emissions Trading System, and the revision of the EU Energy Taxation Directive. 1.3.Consistency with other Union policies This initiative needs to work in synergy with the Energy Performance of Buildings Directive (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 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 Directive, currently also under revision. Another policy instrument aimed at accelerating the deployment of low- and zero-emission vehicles is the Clean Vehicles Directive. A broader availability of infrastructure and a faster rollout of zero- and low- emission vehicles will indirectly facilitate the deployment of clean vehicles in public fleets. However, public fleets (bus fleets especially) typically rely on their own recharging and refuelling points rather than on publicly accessible infrastructure. Interaction with the Directive is mainly through standardisation to ensure interoperability. Deploying more hydrogen and battery electric vehicles in the EU fleet is also an important part of the Commission’s hydrogen strategy and strategy for smart energy system integration; 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, this initiative also contributes to the zero-pollution ambition in the European Green Deal, complementing the Euro 6 (for cars and vans) and Euro VI (for buses and lorries) pollutant emission standards, that set emission limits for all vehicles. Finally, this initiative works in conjunction with the Intelligent Transport Systems Directive, for which the Commission intends to present a proposal for review later this year, and its delegated acts, in particular the Delegated Regulation on Union-wide real-time traffic information services. The fast-evolving data environment for alternative fuels requires 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 innovation. It tackles climate change, helps to achieve the UN’s Sustainable Development Goals and boosts 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 and environment-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, Cooperative and 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 and environmentally friendly mobility. The Horizon Europe Mission on climate-neutral and smart cities aims to support, promote and showcase 100 European cities in their systemic transformation towards climate neutrality by 2030. Cohesion policy will play a central role in helping all regions in their transition towards a greener, climate neutral Europe. The European Regional Development Fund and the Cohesion Fund are available to support investment in innovation and deployment, in particular 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 for the 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 the Union 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 the automotive industry’s production of zero- and low-emission vehicles. Meeting the European Green Deal’s transport emission reduction objectives (as corroborated by the sustainable and smart mobility strategy) requires a substantial increase in 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 and synergies is underlined in the evaluation of the current Directive, in conjunction with the assessment 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 to develop alternative fuels infrastructure in all Member States and has supported the creation of 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 for infrastructure. The Directive’s implementation (and its supporting activities) have facilitated cooperation and information exchange on alternative fuels between the relevant industry and public actors. Without the Directive, such cooperation would likely not exist.

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 alternative fuel 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 what is 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 this initiative. The proposed intervention sets more binding requirements on Member States to ensure the uptake of sufficient publicly accessible infrastructure for recharging and refuelling of alternative fuels vehicles in the Union. This is necessary for the EU to deliver on 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 TEN-T core and comprehensive network. The experience of implementing the current Directive shows the need for this revised intervention. Implementation of the current Directive is leading to uneven rollout of infrastructure in Member States, not adding up to the dense, widely needed network of alternative fuels infrastructure that is needed. This has been fully demonstrated in the Commission report to the European Parliament and Council on the application of the Directive 2014/94/EU on deployment of alternative fuels infrastructure 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 ensuring cross‑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 and competitive 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, based on 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, the Commission 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 fully interoperable recharging infrastructure in all Member States. The decision is particularly justified in view of the needed swift and coherent implementation of the national fleet-based minimum deployment targets set at Member State level and the mandatory distance-based targets along the TEN-T network, as the first proposed targets would have to be reached 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 low-emission vehicles. This requires already in the years before 2025, the design and 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 and implementation at the same time. It avoids the risk of delays and inconsistencies in national transposition 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 in achieving the targets and that enables Member States to set the right incentives so that competitive recharging markets can develop. Clear timelines for the design and development 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.RESULTSOFEX POSTEVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS 3.1.Ex post evaluations/fitness checks of existing legislation A ‘REFIT’ ex post evaluation showed that the Directive has supported the development of policies and measures for the rollout of alternative fuels infrastructure in Member States, particularly through the requirement to develop national policy frameworks (NPFs). However, shortcomings in the current policy framework have also been pointed out in the evaluation. Moreover, the Directive’s key objective, namely to ensure coherent market development in the EU, has not been met. Shortcomings arise in particular in the following 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 to ensure 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 across the 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 of ensuring sufficient infrastructure to support the needed uptake of vehicles and vessels in light 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)for this initiative, running from 6 April to 4 May 2020. The Commission received 86 responses, mostly (61) from companies 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 provide input on both the evaluation and the impact assessment. In total, 324 responses were received. Targeted stakeholder interviews and surveys between October 2020 and January 2021: the Commission 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 and local authorities, EU bodies), industry representatives (including relevant associations), and members 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 the development of a methodology to determine sufficient infrastructure deployment and to support 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 Directive. 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 consultant. 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 infrastructure. Overall, the sources used to draft the impact assessment report were numerous, 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 report on 7 April 2021 and issued a positive opinion on 7 May 2021. The Board considered that the report could be further improved by: (a) better describing the difference between the options 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, or from 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 as follows: –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 light-duty vehicles (LDVs). For heavy-duty vehicles (HDVs), mandatory distance-based targets would be introduced along the TEN-T network for electric recharging points and hydrogen refuelling points, including limited provisions for hydrogen refuelling in 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 of recharging and refuelling infrastructure. –Policy option 3: changing the Directive to a Regulation (thus going furthest in terms of binding legal instruments). In addition to the mandatory fleet-based and distance-based targets under option 2, this option would add further location-based targets 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 in this 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- and low-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 of policies under the ‘Fit for 55’ policy package will enable the market take-up of zero-emission vehicles and the servicing of vessels equipped with shore-side electricity supply. The impact assessment provides a detailed analysis of costs and benefits, including a summary 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 and mobility service providers. Setting clear and common minimum requirements will simplify their business operations, as they will face similar minimum requirements in all Member States. Such requirements will simplify the use of the infrastructure by private and corporate consumers (who currently face a plethora of use approaches) and enable better business service innovation. Consumer trust in the robustness of a Pan-EU network of recharging and refuelling infrastructure will increase, which will support the overall profitability 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 for infrastructure provisioning under the Regulation will be better harmonised. Public authorities 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 all enterprises. 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 of enterprises that install and operate recharging and refuelling infrastructure, as well as on the competitiveness 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 the impact assessment underpinning the proposal for the revision of CO2 standards for cars and vans. 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 the physical rollout of recharging and refuelling infrastructure in the EU. Well-established monitoring instruments will be used to follow deployment. Member States will have to adopt a revised national policy framework to develop the market for alternative fuels in the transport sector and deploy the relevant infrastructure in line with the proposed strengthened provisions. This will enable the Member States to report 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 standards. In addition, the European Alternative Fuels Observatory will be upgraded and continue to gather and frequently update vehicle uptake and infrastructure deployment in all Member States. The Commission will also continue to work together with its expert group, the Sustainable Transport Forum (and dedicated subgroups), 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 as follows: –Article 1 defines the subject matter of the Regulation, making specific, but no substantive, 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 the overall 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 coverage of publicly accessible recharging points dedicated to light- and heavy-duty road transport 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 and consumer information, non-discriminatory practices, smart recharging, and signposting 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 a minimum 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. –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 their national 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 the Commission to develop concise planning to deploy infrastructure and meet the targets as laid down in the Regulation. It also includes new provisions on formulating a strategy for the deployment of alternative fuels in other modes of transport together with key sectoral and regional/local stakeholders. This would apply where the Regulation 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 the Commission. 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 and information 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 of certain 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 the Commission 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 provision and common technical specifications. –Article 21 concerns the continuation of the committee procedure under the new Regulation. –Articles 22, 23 and 24 specify the conditions for review and entry into force of this Regulation. The proposal includes annexes: –Annex I includes detailed provisions on national reporting by Member States, ensuring consistent and comparable reporting to support the implementation of this Regulation. –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 this Regulation by means of delegated acts in areas where new technology developments require the setting of common technical specifications. –Annex III specifies requirements for Member States that will categorise their reporting on deployment of electric vehicles and recharging infrastructure. –Annex IV contains the correlation table. 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 Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure, Whereas: (1)Directive 2014/94/EU of the European Parliament and of the Council laid down a framework for the deployment of alternative fuels infrastructure. The Commission Communication on the application of that Directive points to the uneven development of recharging and refuelling infrastructure across the Union and the lack of interoperability and user friendliness. It notes that the absence of a clear common methodology for setting targets and adopting measures under the National Policy Frameworks required by Directive 2014/94/EU has led to a situation whereby the level of ambition in target setting and supporting policies varies greatly among Member States. (2)Various instruments of Union law already set targets for renewable fuels. Directive 2018/2001/EU of the European Parliament and of the Council for instance set a market share target of 14 % of renewables in transport fuels (3)Regulation (EU) 2019/631 of the European Parliament and of the Council and Regulation (EU) 2019/1242 of the European Parliament and of the Council already set CO2 emission performance standards for new passenger cars and for new light commercial 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 aviation and FuelEU maritime 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 in particular for the use of on shore power that can only be fulfilled if an adequate level of on shore power supply is deployed in TEN-T ports. However those initiatives do not contain any provisions on the required fuel infrastructure which are a prerequisite that the targets can be met. (5)Therefore all modes of transport should be addressed in one instrument which should take into account a variety of alternative fuels. The use of zero-emission powertrain technologies is at different stages of maturity in the different modes of transport. 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, as well. In addition, smaller hydrogen and battery electric vessels and hydrogen fuel-cell trains are currently being deployed in different projects and in first commercial operations, with full commercial roll out expected in the next years. In contrast, the aviation and waterborne sectors continue to be dependent on liquid and gaseous fuels, as zero- and low-emission powertrain solutions are expected to enter the market only around 2030 and in particular for the aviation sector even later, with full commercialisation taking its time. The use of fossil gaseous or liquid fuels is only possible if it is clearly embedded into a clear decarbonisation pathway that is in line with the long-term objective of climate neutrality in the Union, requiring increasing blending with or replacement by 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 be produced from different feedstock and can be blended into fossil fuels at very high blending ratios. They can be technically used with the current vehicle technology with minor adaptations. Renewable methanol can also be used for inland navigation and short-sea shipping. Synthetic and paraffinic fuels have a potential to reduce the use of fossil fuel sources in the energy supply to transport. All of these fuels can be distributed, stored and used with the existing infrastructure or where necessary with infrastructure of the same kind. (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-emission seagoing ships becoming market ready by 2030. Fleet conversion should take place gradually due to the long lifetime of the ships. Contrary to maritime transport, for inland waterways, with normally smaller vessels and shorter distances, zero-emission powertrain technologies, such as hydrogen and electricity, should enter the markets 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 by blending/substituting with liquefied biomethane (bio-LNG) or renewable and low-carbon synthetic gaseous e-fuels (e-gas) for instance. Those decarbonised fuels can be used in the same infrastructure as gaseous fossil fuels thereby allowing for a gradual shift towards decarbonised fuels. (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 and the 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 heavy-duty 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 a limited 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 electric vehicles 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 of registered electric vehicles in that Member State following a common methodology that accounts for technological developments such as the increased driving range of electric vehicles or the increasing market penetration of fast-charging points which can recharge a greater number of vehicles per recharging point than at a normal recharging point. The methodology also has to take into account the different recharging patterns of battery electric and plug‑in hybrid vehicles. 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, such as port passenger terminals, airports or railway stations. A sufficient number of publicly accessible fast recharging points dedicated to light-duty vehicles should also be deployed to increase consumer convenience in particular across the TEN-T network to ensure full cross-border connectivity and allow electric vehicles to circulate throughout the Union. (12)Owners of electric vehicles should make use to a large extent of recharging points at their own premises or in collective parking lots in residential and non-residential buildings. While the deployment of ducting infrastructure and of recharging points in those buildings is regulated through Directive 2010/31/EU of the European Parliament and of the Council, Member States should take into account the availability of such private 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 sufficient publicly accessible infrastructure coverage for electric heavy-duty vehicles is established 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 heavy-duty vehicles should also be deployed along the TEN-T network to ensure full connectivity 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 is required in particular for providing charging opportunities for delivery trucks and for destination 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 their revised national policy frameworks to ensure that the appropriate infrastructure is provided 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 the general public should be considered as publicly accessible also in cases where access is restricted to a certain general group of users, for example to clients. Recharging or refuelling points for car-sharing schemes should only be considered accessible to the public if they explicitly allow access for third party users. Recharging or refuelling points located on private properties, access to which is restricted to a limited, determinate circle of persons, such as parking lots in office buildings to which only employees or authorised persons have access, should not be considered as publicly accessible recharging or refuelling points. (18)A recharging station is the single physical installation for the recharging of electric vehicles. 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 a time. The number of recharging points at a recharging station determine the number of vehicles 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 at each 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 the targets 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 the creation of a digitally connected and interoperable infrastructure. Those smart recharging points should comprise a set of physical attributes and technical specifications (hardware and software) that are necessary to send and receive data in real 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 Council enable real-time data to be produced, which is needed to ensure the stability of the grid and to encourage rational use of recharging services. By providing energy metering in real time and accurate and transparent information on the cost, they encourage, in combination with smart recharging points, recharging at times of low general electricity demand and low energy prices. The use of smart metering systems in combination with smart recharging points can optimise recharging, with benefits for the electricity system and for the end user. Member States should encourage the use of smart metering system for the recharging of electric vehicles at publicly accessible recharging stations, where technically feasible and economically 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 transport modes will require that recharging operations are optimised and managed in a way that does not cause congestion and takes full advantage of the availability of renewable electricity and low electricity prices in the system. Smart recharging in particular can facilitate the integration of electric vehicles into the electricity system further as it enables demand response through aggregation and through price based demand response. System integration can further be facilitated through bi-directional recharging (vehicle-to-grid). All 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 to the different actors in the electric mobility market, have to be consistent with the principles established under Directive (EU) 2019/944. In that sense, distribution system operators should cooperate on a non-discriminatory basis with any person establishing or operating publicly accessible recharging points and Member States should ensure that the electricity supply for a recharging point can be the subject of a contract with a supplier other than the entity supplying electricity to the household or premises where this recharging point is located. The access of Union electricity suppliers to recharging points should be without prejudice to the derogations under Article 66 of Directive (EU) 2019/944. (23)The establishment and operation of recharging points for electric vehicles should be developed as a competitive market with open access to all parties interested in rolling-out or operating recharging infrastructures. 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 States should seek, to the extent possible and in compliance with Directive (EU) 2014/23 of the European Parliament and of the Council, to competitively award new concessions specifically for recharging stations on or adjacent to existing highway rest areas in order to 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 a clearly 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 not give unduly preferential treatment to any of those service providers, for instance through unjustified price differentiation that may impede competition and ultimately lead to higher prices for consumers. The Commission should monitor the development of the recharging market. When reviewing the Regulation, the Commission will take actions where required by market developments such as limitations of services for end users or business practices that may limit competition. (26)Hydrogen-powered motor vehicles have at present very low market penetration rates. However, a build-up of sufficient hydrogen refuelling infrastructure is essential in order to make large-scale hydrogen-powered motor vehicle deployment possible as envisaged in the Commission’s hydrogen strategy for a climate-neutral Europe. Currently, hydrogen refuelling points are only deployed in a few Member States and are largely not suitable for heavy-duty vehicles, not allowing for a circulation of hydrogen vehicles across the Union. Mandatory deployment targets for publicly accessible hydrogen refuelling points should ensure that a sufficiently dense network of hydrogen refuelling points is deployed across the TEN-T core network to allow for the seamless travel of hydrogen fuelled light-duty 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 in Regulation (EU) No 1315/2013 of the European Parliament and of the Council should provide such refuelling stations. Within the urban nodes, public authorities should consider to deploy the stations within multimodal freight centres as those are not only the typical destination for heavy-duty vehicles but could also serve hydrogen to other transport modes, such as rail and inland shipping. (28)At the early stage of market deployment there is still a degree of uncertainty with regard to the kind of vehicles that will come into the market and to the kind of technologies that are going to be widely used. As outlined in the Commission’s communication ‘A hydrogen strategy for a climate-neutral Europe’ the heavy-duty segment was identified as the most likely segment for the early mass deployment of hydrogen vehicles. Therefore, hydrogen refuelling infrastructure should preliminarily focus on that segment while also allowing light-duty vehicles to fuel at publicly accessible hydrogen refuelling stations. To ensure interoperability, all publicly accessible hydrogen stations should at least serve gaseous hydrogen at 700 bar. The infrastructure roll out should also take into account the emergence of new technologies, such as liquid hydrogen, that allow a larger range for heavy-duty vehicles and are the preferred technology choice of some vehicle manufacturers. To that end, a minimum number of hydrogen refuelling stations should serve also liquid hydrogen in addition to gaseous hydrogen at 700 bar. (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, and progressively for bio-LNG, as it covers the main traffic flows and allows cross border connectivity 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 States should 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 a contract with the operator of the recharging or refuelling point or a mobility service provider. Therefore, for recharging or refuelling on an ad hoc basis, all publicly accessible recharging and refuelling points should accept payment instruments that are widely used in the Union, and in particular electronic payments through terminals and devices used for payment services. That ad hoc payment method should always be available to consumers, even when contract-based payments are offered at the recharging 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 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 and persons with disabilities. This should include for example providing sufficient space around the parking lot, ensuring that the recharging station is not installed on a kerbed surface, ensuring that the buttons or screen of the recharging station are at an appropriate height and the weight of the recharging and refuelling cables is such that persons with limited strength can handle them with ease. In addition the user interface of the related recharging stations should be accessible. In that sense, the accessibility requirements in Annexes I and III to Directive 2019/882 should be applicable to recharging and refuelling infrastructure. (32)Shore-side electricity facilities can serve maritime and inland waterway transport as clean power supply and contribute to reducing the environmental impact of seagoing ships 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 the highest amount of emissions per ship at berth, should as a priority be provided with shore-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 other passenger 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 is an 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 account for 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 and until such an electrical connection with the mainland has been completed or there is a sufficient locally generated capacity from clean energy sources. (35)A core network of refuelling points for LNG at maritime ports should be available by 2025. 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 of liquid 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, all 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. (37)In accordance with Article 3 of Directive 2014/94/EU, Member States have established national policy frameworks outlining their plans and objectives to ensure that 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 for higher ambition and a better coordinated approach across Member States in view of the expected acceleration in the uptake of alternative fuel vehicles, in particular of electric vehicles. Furthermore, alternatives to fossil fuel will be needed in all transport modes to meet the ambitions of the European Green Deal. The existing National Policy Frameworks should be revised to clearly describe how the much greater need for 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 the development of the market as regards alternative fuels, including the deployment of the necessary infrastructure to be put into place, in close cooperation with regional and local authorities and with the industry concerned, while taking into account the needs of small and medium-sized enterprises. Additionally, the revised frameworks should describe the overall national framework for planning, permitting and procuring of such infrastructure, including the identified obstacles and actions to remove them so shat a faster rollout of infrastructure can be achieved. (39)The development and implementation of the revised national policy frameworks of the Member 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, the national 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 be electrified. 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 particular with a focus on the deployment of infrastructure for low and zero emission vessels and aircraft 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 Council, minimum national shares of public procurement are reserved for clean and zero-emission buses, where a clean bus uses alternative fuels as defined in Article 2, point (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 States should establish and maintain appropriate instruments to promote the deployment of charging and refuelling infrastructure also for captive fleets, in particular for clean and zero-emission buses at local level. (43)In light of the increasing diversity in the type of fuels for motorised vehicles coupled with 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 to decide 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 an important 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 the geographic 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 to relevant recharging and refuelling-related data should be laid down, building on the outcomes of the Programme Support Action on “Data collection related to recharging/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 and refuelling infrastructure. The format, the frequency and the quality in which these data should be made available and accessible should determine the overall quality of an alternative 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/EU of the European Parliament and the Council for national access points (NAPs). (47)It is crucial that all actors in the electric mobility ecosystem can interact easily through digital 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 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 to recharging/refuelling points for alternative fuels and the unique identification codes related to e-mobility actors” (‘IDACS’). (48)Maritime transport and inland navigation need new standards to facilitate and consolidate the entry into the market of alternative fuels, in relation to electricity supply and hydrogen, methanol and ammonia bunkering, but also standards for communication exchange between vessels and infrastructure. (49)The International Maritime Organization (‘IMO’) develops uniform and internationally recognised safety and environmental standards for maritime transport. Conflicts with international standards should be avoided in view of the global nature of maritime transport. Therefore, the European Union should ensure that technical specifications 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 should be specified in European or international standards. The European standardisation organisations (‘ESOs’) should adopt European standards in accordance with Article 10 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council. Those standards should be based on current international standards or ongoing international standardisation work, where applicable. (51)Technical specifications as specified in Annex II to Directive 2014/94/EU of the European 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 particular importance 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 of alternative fuels infrastructure. Therefore, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to norm technical specifications for areas where common technical specifications are outstanding but necessary. In particular, this should include the communication between the electric vehicle and the recharging point, the communication between the recharging point and the recharging software management system (back-end); the communication related to the electric vehicle roaming service and the communication with the electricity grid. It is also necessary to define the suitable governance framework and roles of the different actors involved in the vehicle-to-grid communication ecosystem. Moreover, emerging technological developments, such as electric road systems (‘ERS’) have to 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 the quality 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 the early stages of development and technology is evolving fast. This should likely affect the demand for alternative fuels and consequently for alternative fuels infrastructure across the modes. The Commission should therefore review this Regulation by the end of 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 development of 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 mass of alternative fuel vehicles and for cost-efficient developments by European industry, and to allow Union-wide mobility of alternative fuel vehicles, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with 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 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 in areas 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 and ensures 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. 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 in a machine readable format, as defined in Article 2, point (5) of Commission Delegated Regulation (EU) 2015/962; (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 the potential to contribute to its decarbonisation and enhance the environmental performance of the transport sector, including: (a)‘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 renewable energy, (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 as listed 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 Council; (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. (8)‘battery electric vehicle’ means an electric vehicle that exclusively runs on the electric 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 the electric vehicle through which the electric energy is exchanged; (11)‘commercial air transport’ means air transport as defined in Article 3, point (24) of Regulation (EU) 2018/1139 of the European Parliament and of the Council; (12)‘container ship’ means a ship designed exclusively for the carriage of containers in holds 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 and receive 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 the transfer of electricity to an electric vehicle while the vehicle is in motion; (18)‘electric vehicle’ means a motor vehicle equipped with a powertrain containing at least 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 a standardised 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 direct use in a vehicle; (21)‘e-roaming’ means the exchange of data and payments between the operator of a recharging or refuelling point and a mobility service provider from which an end user purchases 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)‘European standard’ means a standard as defined in Article 2, point (1)(b) of Regulation (EU) No 1025/2012. (24)‘freight terminal’ means a freight terminal as defined in in Article 3 point (s) of Regulation (EU) No 1315/2013; (25)‘gross tonnage’ (GT) means gross tonnage as defined in Article 3, point (e) of Regulation (EU) 2015/757 of the European Parliament and the Council ; (26)‘heavy-duty vehicle’ means a motor vehicle of categories M2, M3, N2 or N3 as defined in Annex II to Directive 2007/46/EC; (27)‘high power recharging point’ means a recharging point that allows for a transfer of electricity 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 States in compliance with Article 3 of Commission Delegated Regulation (EU) 2015/962; (33)‘operator of a recharging point’ means the entity responsible for the management and operation 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 and operation 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 be recharged from an external electric power source; (37)‘power output’ means the theoretical maximum power, expressed in kW, that can be provided 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; (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 site or 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 and visualization 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 of electricity to an electric vehicle, which, whilst it may have one or several connectors to accommodate different connector types, is capable of recharging only one electric vehicle 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 a recharging 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 a recharging 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 of refuelling only one vehicle at a time; (50)‘refuelling service’ means the sale or provision of any liquid or gaseous alternative fuel 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; (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 to roll 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 of Regulation (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 a maritime port of the TENT-T core or comprehensive networks, as listed and categorised 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: –publicly accessible recharging stations for light-duty vehicles are deployed commensurate to the uptake of light-duty electric vehicles; –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 from the year referred to in Article 24, the following power output targets are met cumulatively: (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. 2.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)along the TEN-T core 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 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; (b)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 in-between 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. 3.Neighbouring Member States shall ensure that the maximum distances referred to in points (a) and (b) are not exceeded for cross-border sections of the TEN-T core and the TEN-T comprehensive network. Article 4 Targets for electric recharging infrastructure dedicated to heavy-duty vehicles 1.Member States shall ensure a minimum coverage of publicly accessible recharging points dedicated to heavy-duty vehicles in their territory. To that end, Member States shall ensure that: (a)along the TEN-T core 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 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; (b)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 in-between 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 station