L 277/270
EN
Official Journal of the European Union
27.10.2022
206.
New recharging infrastructure that allow for a transfer of electricity with a power output of up to 22 kW must be capable of supporting smart recharging functionalities.
This would ensure 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.
207.
To avoid the duplication of infrastructure and make use of assets that have not yet reached the end of their economic lifetime, in the case of refuelling infrastructure for waterborne and air transport supplying synthetic fuels, including renewable liquid and gaseous transport fuels of non-biological origin, or biofuels (92), the Member State must justify the need for new infrastructure, taking into account the technical characteristics of the fuel or fuels to be supplied using that infrastructure.
In the case of drop-in (93) synthetic fuels or biofuels, the Member State must consider the extent to which existing infrastructure can be used for the supply of drop-in synthetic fuels or biofuels.
208.
Aid for the construction, installation, upgrade or extension of refuelling infrastructure may unduly distort competition where it displaces investments into cleaner alternatives that are already available on the market, or where it locks in certain technologies, thereby hampering the development of a market for cleaner technologies and their use.
Therefore, in those cases, the Commission considers that the negative effects on competition of aid for refuelling infrastructure supplying natural gas-based fuels are unlikely to be offset.
209.
Given the current stage of development of the market for clean mobility technologies in the waterborne sectors, aid for the construction, installation, upgrade or extension of CNG and LNG refuelling infrastructure for waterborne transport may be considered as not having long-term lock-in effects and not displacing investments into cleaner technologies if the Member State demonstrates that cleaner alternatives are not readily available on the market and are not expected to be available in the short term (94), and provided that the infrastructure would be used to trigger the transition towards low-carbon fuels.
When assessing such aid, the Commission will take into account whether the investment forms part of a credible decarbonisation pathway and the aid contributes to achieving targets set out in Union legislation on the deployment of alternative fuel infrastructure.
210.
In the area of road transport, zero-emission vehicles are already a realistic option, especially for light duty vehicles.
As regards heavy-duty vehicles, these are expected to become more widely available on the market in the near future.
Therefore, aid for LNG refuelling infrastructure for heavy-duty vehicles granted after 2025 is likely to have negative effects on competition that are unlikely to be offset by any positive effects.
When assessing aid for refuelling infrastructure for heavy-duty vehicles, the Commission will take into account whether it contributes to achieving targets set out in Union legislation on the deployment of alternative fuel infrastructure.
211.
Alternatives to fossil-based fuels are already available on the market for use in the road transport sector, certain segments of the waterborne transport sector and the rail transport sector.
In this context, aid for the deployment of refuelling infrastructure supplying fuels produced using fossil-based sources or energy, including fossil-based hydrogen (95), is not considered to yield the same positive effects as aid for deployment of refuelling infrastructure supplying non-fossil-based or low-carbon fuels.
Firstly, the CO2 emission reductions achieved in the transport sector are likely to be counterbalanced by the continuation of CO2 emissions linked to the production and use of fossil-based fuels, especially where these are not effectively captured and stored.
Secondly, the granting of aid for refuelling infrastructure that supplies fossil-based fuels that are not lowcarbon, may entail a risk of locking in certain production technologies, thereby displacing investments into
(92) This includes sustainable aviation fuels.
(93) Drop-in fuels refer to fuels that are functionally equivalent to the fossil fuels currently in use and fully compatible with the distribution infrastructure and the on-board machinery and engines.
(94) For such an assessment, the Commission will generally consider a period of between two to five years following the notification or the implementation of the aid measure.
It will base its assessment on independent market studies submitted by the Member State or on any other appropriate evidence.
(95) See Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions ‘A hydrogen strategy for a climate-neutral Europe’, COM(2020) 301 final, p.
3.