Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 92/6/EEC to exempt certain N2 electric vehicles from the requirement to install and use a speed limitation device
Date: 2025-12-16
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: approval, electric vehicle, harmonisation of standards, light-duty vehicle, motor vehicle, road safety, speed control, technical standard, vehicle parts

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   EUROPEAN COMMISSION  Strasbourg, 16.12.2025  COM(2025) 999 final 2025/0424 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 92/6/EEC to exempt certain N2 electric vehicles from the requirement to install and use a speed limitation device  
 
 
EXPLANATORY MEMORANDUM 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

For the wider context, see COM(2025) 993 final. 

This  initiative  forms  part  of  a  package  of  measures  which  aim  at  removing  regulatory 
obstacles for the uptake of electric light commercial vehicles.  
Council Directive 92/6/EEC1 mandates the installation and use of speed limitation devices in 
certain heavy duty vehicles for reasons of road safety (the available engine power for heavy 
goods vehicles and buses needed for climbing slopes enables them to be driven on level roads 
at  excessive  speeds  that  are  not  compatible  with  the  specifications  of  other  components  of 
those vehicles such as brakes and tyres) and for reasons of environmental protection in certain 
Member  States.  Directive  2002/85/EC  of  the  European  Parliament  and  of  the  Council2 
extended the scope of Directive 92/6/EEC to all N2, N3, M2 and M3 vehicles. In accordance 
with Article 3(1) of Directive 92/6/EEC, “vehicles of categories N2 and N3 may be used on 
the  road  only  if  equipped  with  a  speed  limitation  device  set  in  such  a  way  that  their  speed 
cannot exceed 90 kilometres per hour.” 

Electric light commercial vehicles (e-vans) are heavier than their fossil fuel equivalents as a 
result of the weight of their battery. While they have the same payload and use cases as a light 
commercial  vehicle  with  an  internal  combustion  engine  with  a  maximum  permissible  mass 
below 3,5 tonnes,  due to the additional weight of the battery  they fall  into category N2 and 
hence  within  the  scope  of  legislation  which  requires  the  installation  of  speed  limitation 
devices  –  Regulation  (EU)  2019/2144  of  the  European  Parliament  and  of  the  Council3  and 
Directive 92/6/EEC.  

This requirement makes e-vans with a mass exceeding 3,5 tonnes less attractive to customers, 
many  of  whom  are  SMEs  and  micro-enterprises,  due  to  the  costs  involved  in  installing  and 
using  the  speed  limitation  device.  Such  additional  burden  slows  down  the  increase  in  the 
number of electric vans on the road compared to similar combustion engine vans, which can 
therefore  also  result  in  increased  difficulty  for  vehicle  manufacturers  to  reach  CO2 
performance targets for light commercial vehicles. 

Regulation (EU) 2019/2144 is amended in a parallel legislative proposal (which is contained 
in COM(2025) 993 final) in which N2 e-vans with a maximum permissible mass exceeding 
3,5 tonnes and up to 4,25 tonnes are exempted from the obligation to be equipped with speed 
limitation devices, thereby putting them on equal footing with their fossil fuel equivalent, N1 
diesel vans. The amendment of Regulation (EU) 2019/2144 would not have any effect if the 
vehicles concerned – which are N2 vehicles – could not be used on the road because they are 
not equipped with a speed limitation device. It is therefore necessary to  modify Article 3 of 
Directive 92/6/EEC  which currently mandates that all N2 (and N3) vehicles can be used on 
the road only if equipped with a speed limitation device. The Directive should provide for a 
similar  derogation  so  the  vehicles  concerned  can  be  used  on  the  road  also  without  a  speed 
limitation device. 

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3 

OJ L 57, 2.3.1992, p. 27. ELI: https://eur-lex.europa.eu/eli/dir/1992/6/oj  
OJ L 327, 4.12.2002, p. 8. ELI: https://eur-lex.europa.eu/eli/dir/2002/85/oj  
OJ L 325, 16.12.2019, p. 1. ELI: https://eur-lex.europa.eu/eli/reg/2019/2144/oj  

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Consistency with existing policy provisions in the policy area 

This  initiative  is  consistent  with  the  common  transport  policy  which  promotes  the 
decarbonisation  of  transport  and  supports  the  widespread  uptake  of  low-  and  zero-emission 
vehicles.4  The  road  safety  policy  aims  to  reduce  the  number  of  fatalities  and  of  serious 
injuries on the roads of the Union by 50% between 2020 and 2030 and to bring these numbers 
to  close  to  zero  by  20505.  Allowing  the  use  of  e-vans  with  a  maximum  authorised  mass 
exceeding 3,5 tonnes but not exceeding 4,25 tonnes on the road without them being equipped 
with a speed limitation device is not expected to be inconsistent with that road safety policy, 
as  modern  vehicles  are  equipped  with  a  range  of  advanced  driver  assistance  systems, 
including  intelligent  speed  assistance  systems,  which  did  not  exist  when  the  scope  of 
Directive 92/6/EEC was extended to N2 vehicles in 2002. 

It  should be noted in  this context that, unless they are driven by professional  drivers with  a 
category C or C1 licence, the e-vans concerned can only be driven by experienced drivers: In 
accordance with Article 6(4)(c) of Directive 2006/126/EC of the European Parliament and of 
the Council6, Member States may allow holders of a category B licence to drive alternatively-
fuelled  goods  vehicles  with  a  maximum  authorised  mass  exceeding  3,5  tonnes  but  not 
exceeding  4,25 tonnes  on their respective territories  only  if their licence  was issued  at  least 
two years before.  In the  recently  adopted  fourth  Driving Licence Directive7, this  option  has 
become  a  mandatory  Union-wide  provision  which  has  been  extended  to  other  vehicles  in 
addition to goods vehicles and which is to apply from 26 November 2027. The treatment of 
alternatively fuelled N2 vehicles, such as e-vans, with a maximum authorised mass exceeding 
3,5  tonnes  but  not  4,25  tonnes  in  a  way  as  if  they  were  N1  vehicles  is  consistent  with  this 
policy. 

• 

Consistency with other Union policies 

This  proposal  is  part  of  a  package  of  measures  concerning  the  competitiveness  of  the 
European  automotive  industry.  It  aims  at  reducing  administrative  and  adjustment  costs  for 
industries  to  ensure  a  well-functioning  single  market  for  motor  vehicles,  while  maintaining 
the  high  level  of  safety  and  environmental  performance  established  in  the  regulatory 
framework. 

Regulation  (EU)  2019/2144  requires  vehicles  of  categories  M2,  M3,  N2  and  N3  to  be 
equipped  with  speed  limitation  devices  which  comply  with  UN  Regulation  No  89.  As  N2 
vehicles  propelled  by  means  of  electricity,  with  a  maximum  technically  permissible  laden 
mass  between  3,5  and  4,25  tonnes,  are  being  exempted  from  that  requirement  in  a  parallel 
legislative procedure (see COM(2025) 993 final), the same vehicles should be exempted from 
the  scope  of  Directive  92/6/EEC  to  allow  their  use  on  the  road  without  speed  limitation 
devices.  This  Directive  hence  ensures  consistency  with  the  proposal  to  modify  Regulation 
(EU) 2019/2144. 

2. 

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LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  this  Directive  is  Article  91(1)  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU). 

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Cf. COM (2020) 789: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020DC0789 
Cf.  Sustainable  Mobility  for  Europe:  safe,  connected,  and  clean.  COM(2018)  293  final;  https://eur-
lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52018DC0293  
OJ L 403, 30.12.2006, p. 18. ELI: https://eur-lex.europa.eu/eli/dir/2006/126/oj  
OJ L 2025/2205, 5.11.2025. ELI: https://eur-lex.europa.eu/eli/dir/2025/2205/oj  

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Subsidiarity (for non-exclusive competence) 

The EU shares competence with Member States to regulate the field of transport pursuant to  
Article 4(2)(g) TFEU. As motor vehicles are used increasingly across borders, a uniform legal 
framework reduces compliance and enforcement costs across the Union. Directive 92/6/EEC 
already provides a common framework for the installation and use of speed limitation devices 
for  certain  categories  of  motor  vehicles  in  the  Union.  Amending  that  Directive  can  only  be 
done at Union level. 

• 

Proportionality 

This proposal does not go beyond what is needed to ensure consistency with the amendments 
to Regulation (EU) 2019/2144 that are being proposed in parallel (see COM(2025) 993 final). 

• 

Choice of the instrument 

Since the act to be amended is a Directive, the amending act proposed should in principle take 
the same form. 

3. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

See COM(2025) 993 final. 

• 

Stakeholder consultations 

See COM(2025) 993 final. 

• 

Collection and use of expertise 

See COM(2025) 993 final. 

• 

Impact assessment 

See COM(2025) 993 final. 

• 

Regulatory fitness and simplification 

See COM(2025) 993 final. 

• 

Fundamental rights 

This proposal respects the fundamental rights enshrined in the Charter of Fundamental Rights 
of the European Union8 and adheres to the principles recognised therein. 

4. 

BUDGETARY IMPLICATIONS 

This initiative will not imply any additional costs for the Commission. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This  proposal  does  not  require  an  implementation  plan.  The  Commission  will  monitor  the 
transposition, implementation and application of the new provision and compliance with it. 

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OJ C 326, 26.10.2012, p. 391, ELI: http://data.europa.eu/eli/treaty/char_2012/oj 

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Detailed explanation of the specific provisions of the proposal 

Article 1 Amendment to Directive 92/6/EEC 

This Article replaces Article 3(1) of Directive 92/6/EEC. Vehicles of category N2 propelled  
by means of electricity and with a maximum permissible mass between 3,5 and 4,25 tonnes 
are exempted from the scope of that provision. For reasons of clarity, the whole paragraph is 
replaced.  

Article 2 Transposition 

Member  States  have  [three  months  from  the  entry  into  force  of  the  Regulation  based  on 
COM(2025) 993 final] to transpose this new provision into their respective national law. 

No legislative financial and digital statement has been added to this proposal. It is covered by 
the corresponding statement attached to the legislative proposal in COM(2025) 993 final. 

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2025/0424 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 92/6/EEC to exempt certain N2 electric vehicles from the 
requirement to install and use a speed limitation device 

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(1) 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 Committee9, 
Having regard to the opinion of the Committee of the Regions10, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Article  3(1)  of  Council  Directive  92/6/EEC11  on  the  installation  and  use  of  speed 
limitation devices for certain categories of motor vehicles requires the installation and 
use  of  speed  limitation  devices  in  vehicles  of  categories  N2  and  N3.  Under  that 
Article, such vehicles can be used on the road only if equipped with a speed limitation 
device. The installation requirement has also been integrated into motor vehicle type-
approval legislation with Regulation (EU) 2019/2144 of the European Parliament and 
of the Council12. 

The  added  weight  of  the  battery  can  cause  the  weight  of  battery-electric  light 
commercial  vehicles  to  exceed  3,5  tonnes.  Such  a  weight  increase  subjects  those 
vehicles  to  the  requirement  for  a  speed  limitation  device  although  their  payload  and 
use case is the same as that of light commercial vehicles with an internal combustion 
engine that are outside of the scope of Directive 92/6/EEC. That requirement imposes 
unwarranted costs on vehicle manufacturers and enterprises purchasing such vehicles, 
slowing down the increase in the number of  zero-emission light commercial vehicles 
on the road. It is therefore appropriate to exempt vehicles of category N2, propelled by 
means of electricity with a maximum technically permissible laden mass between 3,5 
and 4,25 tonnes, from the requirement to be equipped with speed limitation devices. 

(3) 

Regulation (EU) 2019/2144 is amended in parallel to exempt vehicles of category N2 
propelled by means of electricity, with a maximum technically permissible laden mass 
between  3,5  and  4,25  tonnes,  from  the  requirement  to  be  equipped  with  speed 
limitation devices in accordance with UN Regulation No 89.  

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OJ C [...], [...], p. [...] 
OJ C [...], [...], p. [...] 
OJ L 57, 2.3.1992, p. 27. ELI: https://eur-lex.europa.eu/eli/dir/1992/6/oj  
OJ L 325, 16.12.2019, p. 1. ELI: https://eur-lex.europa.eu/eli/reg/2019/2144/oj  

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(4) 

Directive 92/6/EEC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Amendment to Directive 92/6/EEC 

Article 3(1) of Directive 92/6/EEC is replaced by the following: 

‘1.  Member  States  shall  take  the  necessary  measures  to  ensure  that  motor  vehicles  of 
categories N2 and N3, except those vehicles of category N2 propelled by means of electricity 
and with a maximum permissible mass between 3,5 and 4,25 tonnes, may be used on the road 
only  if  equipped  with  a  speed  limitation  device  set  in  such  a  way  that  their  speed  cannot 
exceed 90 kilometres per hour.’. 

Article 2 

Transposition 

1. 

Member States shall adopt and publish, [three months after the entry into force of the 
Regulation  based on COM(2023) 993  final]  at  the latest,  the laws,  regulations and 
administrative  provisions  necessary  to  comply  with  this  Directive.  They  shall 
forthwith communicate to the Commission the text of those provisions. 

They shall apply those provisions from [OP: please insert the date of application of 
the amendments to Regulation (EU) 2019/2144 in COM(2023) 993 final]. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 4 

Entry into force 

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

Article 5 

Addressees 

This Directive is addressed to the Member States. 

Done at Strasbourg, 

For the European Parliament 
The President 
[...] 

For the Council 
The President 
[...] 

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