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From · Plenary report · 2024-02-21 A-9-2024-0047 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

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~~PR_COD_1amCom~~

P9_TA(2024)0126

~~Symbols for procedures~~

Road vehicles: maximum weights and dimensions

* Consultation procedure

Committee on Transport and Tourism

*** Consent procedure

PE754.850

***I Ordinary legislative procedure (first reading)

European Parliament legislative resolution of 12 March 2024 on the proposal for a directive of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2023)0445 – C9-0306/2023 – 2023/0265(COD))

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

~~(The type of procedure depends on the legal basis proposed by the draft act.)~~

~~Amendments to a draft act~~

~~Amendments by Parliament set out in two columns~~

~~Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.~~

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

~~Amendments by Parliament in the form of a consolidated text~~

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

~~By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.~~

~~DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION~~

on the proposal for a directive of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

~~(COM(2023)0445 – C90306/2023 – 2023/0265(COD))~~

(Ordinary legislative procedure: first reading)

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of ~~[…]~~26 October 2023,

– after consulting the Committee of the Regions,

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

~~Amendment 1~~

P9_TC1-COD(2023)0265

~~Proposal for a directive~~

Position of the European Parliament adopted at first reading on 12 March 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

~~Recital 4~~

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

~~Text proposed by the Commission~~

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,

~~Amendment~~

Having regard to the proposal from the European Commission,

~~(4) To achieve these objectives, the right balance between economic efficiency, environmental sustainability, protection of road infrastructure and road safety aspects should be struck.~~

After transmission of the draft legislative act to the national parliaments,

(4) To achieve these objectives, the right balance between economic efficiency, environmental sustainability, protection of road infrastructure and road safety aspects should be struck. Furthermore, to ensure legislative coherence and legal certainty, this Directive should be aligned as closely as possible with the CO2 standards for heavy-duty vehicles Regulation and the Combined Transport Directive.

Having regard to the opinion of the European Economic and Social Committee,

~~Amendment 2~~

Having regard to the opinion of the Committee of the Regions,

~~Proposal for a directive~~

Acting in accordance with the ordinary legislative procedure,

~~Recital 6 a (new)~~

Whereas:

~~Text proposed by the Commission~~

(1) Council Directive 96/53/EC, sets out the maximum permitted weights and dimensions of heavy-duty vehicles that can circulate on the Union’s roads in order to ensure road safety and the smooth functioning of the internal market as well as foster the energy and operational efficiency of transport operations and reducing greenhouse gas emissions from those operations. The evaluation of Directive 96/53/EC has shown that it has only partially been effective in achieving its road safety, internal market and environmental objectives, and there is a need to adapt its provisions to reflect the technological developments and promote innovation, address the changing transport market challenges and contribute to the Union’s policy priorities of decarbonisation of transport.

~~Amendment~~

(2) The Commission’s Communication on a Sustainable and Smart Mobility Strategy putting European transport on track for the future makes it clear that in order to contribute to the achievement of the European Green Deal objective of a 90% reduction in greenhouse gas emissions from transport by 2050, there is the need to make all transport modes more sustainable, make sustainable alternatives widely available in a multimodal transport system and put in place the right incentives to drive the transition to zero-pollution transportation system in the Union.

(3) By streamlining and clarifying the rules on weights and dimensions of road transport heavy-duty vehicles, it is necessary to address the energy and operational inefficiencies of cross-border transport operations, provide strong incentives to operators for the uptake of zero-emission technologies while facilitating the use of the existing energy-saving solutions, and further support intermodal freight transport operations. To minimise administrative burdens, prevent distortion of competition and reduce risks to road safety and damage of road infrastructure certain requirements as to the use of heavier and longer vehicles should be harmonised and enforcement of the rules in force should be strengthened.

In order to address this situation and enhance the attractiveness of the sector, the increased dimensions required to install zero-emission technologies in vehicles should not be at the expense of sufficient cabin space and should improve the comfort of drivers. Where possible, concepts enabling additional space in the cabins for the installation of sanitary facilities on-board should be explored and incentivised.

~~Amendment 3~~

(5) The types of heavy-duty vehicles, as well as the weight values of those vehicles, have been defined with reference to the Union’s legislation on the type-approval and market surveillance of vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, in particular Regulation (EU) 2018/858and (EU) 2019/2144 of the European Parliament and of the Council. It is therefore desirable to update the references to those relevant legal acts, in order to provide for clarity of the applicable legislative framework.

~~Proposal for a directive~~

(6) The provisions of Directive 96/53/EU complement Council Directive 92/106/EEC as regards promoting and supporting the growth of intermodal transport. The definition of intermodal transport operation should therefore be aligned with the terminology applied in Directive 92/106/EEC, in order to allow lorries, trailers and semi-trailers used in intermodal operations to benefit from the same extra weight allowances as in cases of road vehicles carrying containers or swap bodies and used in containerised intermodal transport. Such weight incentive should encourage road transport operators to engage also in non-containerised intermodal transport.

~~Recital 7~~

(6a) This Directive is intended to improve the competitiveness of the road transport sector by promoting more cost-efficient and sustainable transport operations as well as encouraging intermodality. Although the new provisions will translate into a reduction in the vehicle-kilometres driven, the acute shortage of drivers in the Union is expected to persist. In order to address this shortage, it is fundamental to urgently improve the working conditions for drivers of heavy duty vehicles. The lack of quality truck parking areas in the Union adds to the deterioration of the working conditions of truck drivers, which is especially a problem during long-distance journeys. In order to address this situation and enhance the attractiveness of the sector, the increased dimensions required to install zero-emission technologies in vehicles should not be at the expense of sufficient cabin space and should improve the comfort of drivers. Where possible, concepts enabling additional space in the cabins for the installation of sanitary facilities on-board should be explored and incentivised. [Am. 2]

~~Text proposed by the Commission~~

(7) To ensure a common understanding and uniform implementation of the provisions of this Directive in national and international traffic, it is necessary to clarify that the nationalthere are currently specific derogations, often on the basis of bilateral understandings between neighbouring Member States, from certain maximum permitted weights and dimensions limits for certain types of vehicles circulating in national traffic do not automatically apply tospecialized vehicles used in cross-borderperforming transport operations., that should be preserved as long as they do not affect international competition. [Am. 3]

~~Amendment~~

(8) The transport of indivisible loads is an important market segment linked with the strategic areas of renewable energy, civil engineering and infrastructure, oil and gas, heavy industry and power generation sectors. Despite the recognised value of the existing European Best Practice Guidelines for Abnormal Transport, adopted by experts designated by the Member States, very little progress has been made towards the simplification and harmonisation of the rules and procedures to obtain permits for the transport of indivisible loads. Without prejudice to the right of Member States to establish the necessary conditions to ensure the safe transport of indivisible loads in their territories, Member States should cooperate to harmonise, to the extent possible, those requirements to avoid the multiplication of diverging conditions serving the same purpose. Member States should also ensure that national requirements are proportionate and non-discriminatory, refraining from imposing unjustified requirements such as fluency in the national language of the Member State concerned. To reduce administrative burden for operators and to ensure efficient, fair and safe operations, it is crucial to put in place a transparent, harmonised, user-friendly system for obtaining permits, that is available in all EU languages and is easily accessible by electronic communication means. These permits should be issued in an electronic format and be based on the Special European Registration of Trucks and Trailers (SERT) document, which aims to harmonise technical vehicle information such as the registration of trailers or modular trailers. Transport operators should be allowed to carry out transport operations of indivisible loads using this electronic document. [Am. 4]

(7) To ensure a common understanding and uniform implementation of the provisions of this Directive in national and international traffic, it is necessary to clarify that the national derogations from certain maximum permitted weights and dimensions limits for certain types of vehicles circulating in national traffic do not automatically apply to vehicles used in cross-border operations.

(9) European Modular Systems (EMS) have been used and trialled at length and have proven to be an interesting solution to improve the economic and energy efficiency of transport operations, while ensuring road safety and protection of infrastructure, thanks to their confinement to adequate parts of the road networks. Given national specificities, different economic interests, transportation needs and diverse transport infrastructure capacities in Member States, they are best placed to assess and authorise the circulation of EMS on their territories. Before authorising EMS, Member States should carry out a prior assessment for new routes of their possible impact on road safety, infrastructure, modal cooperation, modal shift and the environment. At the same time, to enlarge the positive socio-economic and environmental impacts of the use of EMS, it is crucial to remove unnecessary barriers to their use in cross-border operations between neighbouring Member States that allow such vehicle combinations on their territories, without limitation in the number of borders crossed as long as they comply with the maximum authorised weights and dimensions for EMS established by Member States within their respective territories. This is to ensure that EMS used in cross-border operations comply with the common lowest weight and dimension limit for EMS applicable in those Member States. In the interests of safety of operations, transparency and legal clarity, common conditions should be established for the circulation of EMS in national and international traffic, including providing. Those conditions should inter alia ensure that EMS circulate on roads where the safety of vulnerable road users is guaranteed. Member States should provide clear information on the weights and dimensions limits for EMS and on parts of the road network compatible with specifications of such vehicles, and. Member States should establish a monitoring system to evaluate the impacts of the use of EMS on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal share. The clear definition of EMS in this Directive guarantees that EMS are composed of standard vehicle units to ensure compatibility with other transport modes, notably rail. To effectively drive the transition towards zero-emission mobility, EMS engaged in international traffic should, as soon as technically and operationally feasible, be composed of zero-emissions vehicles or vehicle combinations. [Am. 5]

(7) To ensure a common understanding and uniform implementation of the provisions of this Directive in national and international traffic, it is necessary to clarify that there are currently specific derogations, often on the basis of bilateral understandings between neighbouring Member States, from certain maximum permitted weights and dimensions limits for certain types of specialized vehicles performing transport operations, that should be preserved as long as they do not affect international competition

(9a) To maximise road safety and proper working conditions, it is important to ensure that drivers of EMS have adequate training and the qualifications required for handling heavier and longer vehicles and vehicle combinations. Member States should have the possibility to establish minimum requirements or a certification scheme for drivers of EMS. In order to ensure a level playing field that provides for equal treatment, and non-discrimination, of drivers and operators of EMS, Member States should guarantee that these certifications are mutually recognised in the concerned Member States. [Am. 6]

~~Amendment 4~~

(10) Member States should continue to be allowed to run trials on a temporary basis. Indeed, new technologies allowing for in-motion charging, such as solar panels, pantographs and electric roads, or the progressive introduction of EMS in Member States, may require exceeding the maximum weights and dimensions in a testing environment, including in cross-border sections of the road network. Therefore, Member States should continue to be allowed to conduct such trials and be able to test the compatibility of new technologies and concepts across borders. The temporary and innovative nature of trials needs to be clarified by setting up a maximum period of time to conduct them. At the same time, the number of trials of new technologies and innovative schemes should not be restricted to avoid hampering innovation. Member States should regularly monitor and assess the performance and impacts of testing the new technologies and new concepts on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts on the transport system, such as impacts on the modal share.

~~Proposal for a directive~~

(10a) The new harmonised rules for EMS in national and international traffic in Member States which allow their circulation should entail the gathering of data on road safety in those Member States, including the share of fatalities and injuries from collisions. Taking into account that vulnerable road users account for nearly one third of the deaths in collisions involving heavy-duty vehicles, Member States should make sure that EMS do not negatively impact road safety, particularly the safety of vulnerable road users such as pedestrians and cyclists as well as motor-cyclists and persons with disabilities or reduced mobility and orientation. [Am. 7]

~~Recital 8~~

(11) The transport of indivisible loads carried out by vehicles or vehicle combinations exceeding the maximum weights or dimensions and the use of EMS, given their needs for additional safety features and for suitable infrastructure, require that special attention is given to elements such as transparency of relevant information, legal certainty and harmonisation of the permit processes. It is therefore necessary for Member States to establish a single electronic information and communication system containing all the relevant information regarding the operational and administrative conditions for the transport of indivisible loads and for the use of EMS, in a clear and easily accessible manner. This national system should also enable the operators to obtain the information and submit electronically the application, in aan EU standardised format, for special permits for the carriage of indivisible loads in the Member State concerned. In addition, that national system should provide information on the national maximum authorised weights and dimensions of vehicles and vehicle combinations, information on possible restrictions, in particular on height. To ensure that operators and citizens can access all relevant information in one place, a dedicated European web portal connecting the national electronic and communication systems and providing, among others, a clear graphic overview of the roads on which EMS, and, where available, vehicles transporting indivisible loads, are allowed to circulate in the relevant Member States, should be established by the Commission, at the latest by [6 months after the date of transposition of this Directive]. [Am. 8]

~~Text proposed by the Commission~~

(12) The artificial barriers to the cross-border transport of heavier lorries primarily used in long distance transport (such as vehicle combinations with 5 and 6 axles), should be removed in a harmonised way to take advantage in the short term of the operational, energy and environmental efficiency linked to the greater loading capacity granted by the Member States, including for intermodal transport. To effectively drive the transition towards zero-emission mobility, and maximise the effects of relevant existing environmental law it is necessary to phase out the use of such heavier lorries running on fossil fuels, as of 2035, whento strengthen legal certainty for investments and to further encourage the market penetration of more efficient zero-emission HDVs is projected to increase significantly up to around 50% of new HDV registrations. After the phasing out, heavier lorries should continue to be allowed in national traffic while, in international traffic, they should comply with the maximum authorised weights set up in Annex I to Directive 96/53/EC, which limits the extra weight allowance to zero-emission vehicles and to vehicles involved in an intermodal transport operation. [Am. 9]

~~Amendment~~

(13) The proof of compliance of vehicles with the values set out in Directive 96/53/EC should contain comprehensive information in accordance with the updated Union’s rules on uniform procedures and technical specifications for the type-approval of vehicles. The references to the applicable Union rules should therefore be updated, in order to include a specific reference to Commission Implementing Regulation (EU) 2021/535. The information that should be included in the proof of compliance should further be aligned with the maximum weights authorised under Directive 96/53/EC. Controlling intermodal nature of a transport operation, as defined in Article 2, can be particularly challenging in non-containerised transport. To ensure that extra weight allowance for heavy-duty vehicles involved in intermodal transport operations is used appropriately it is necessary that operators provide a proof of intermodal nature of the operation. The platforms for digital transport data established pursuant Regulation (EU) 1056/2020 of the European Parliament and of the Council (‘eFTI platforms’) provide a suitable tool as they are built to include the regulatory information requirements, set in Article 3 and 7 of Directive 92/106/ECC. Therefore, the use of an eFTI platform should be made mandatory to record and make available relevant transport information, with regards to transport modes used to carry the cargo.

(14) Vehicle carriers withtransporters, of which many have open bodies, have very limited potential to reduce their energy consumption via improved aerodynamics. Diverging national rules on the overhanging of loads on vehicle carrierstransporters cause distortions of competition and limit significantly their potential to improve operational efficiency and energy performance in international traffic. Therefore, it is necessary to harmonise rules on the overhanging of loads of vehicle carriers with open bodies,transporters so as to ensure that these objectives are properly met. [Am. 10]

(15) Heavy-duty vehicles with elongated cabs have started making their entrance on the market, paired with zero-emission propulsion systems. Using zero-emission propulsion systems requires, depending on the technology, extra space which should not be counted at the expense of the effective load of the vehicle, so that the zero-emission road transport sector is not penalised in economic terms. It should thus be clarified that the excess in the maximum lengths provided for the elongated cabs can be such that it provides space needed for accommodating zero-emission technology, such as batteries and hydrogen tanks, provided that the safety, efficiency and comfort features of aerodynamic cabs are not jeopardized, and that the vehicle concerned complies with the “turning circle rule”. [Am. 11]

~~Amendment 5~~

(16) Similarly to the need for extra space, current standards are also not suitable to compensate for the extra weight of zero-emission heavy-duty vehicles, in particular in long distance transport. Additional weight and axle weight are necessary for zero-emission vehicle combinations, as well as to the most common passenger vehicles in use in the Union. Lighter technologies and better aerodynamics will render the use of zero-emission propulsion systems more efficient (for example, to allow for longer range travelled and longer battery life) by reducing their energy consumption. To provide additional incentives to the deployment of zero-emission heavy-duty vehicles, to promote technological development, as well as the equipment of vehicles with improved aerodynamics, extra weight allowances should therefore be disconnected from the weight of the zero-emission technology.

~~Proposal for a directive~~

(16a) The multiplicity of different vehicle markings and signalling in Member States can be confusing for road users and detrimental for road safety in the Union. In order to improve road safety, a standardised EU label for the length of motor vehicles or vehicle combinations used in EMS or which deviate from standard dimensions should be established at Union level. That EU label would help road users to identify and familiarise themselves with such vehicles and would reduce any risks arising from visibility restrictions or blind spots, for example when overtaking such long vehicles or vehicle combinations. [Am. 12]

~~Recital 9~~

(16b) Battery electric, fuel-cell and other hydrogen-powered vehicles have a strong potential to decarbonise certain segments of the heavy duty transport sector and their development should be encouraged, while taking into account the fact that no technology goes without an environmental impact. Where electrification is not possible or less efficient and hydrogen fuelled vehicles are not appropriate or cost competitive, the principle of technological neutrality allows for ensuring a level playing field with other technologies that are more mature. [Am. 13]

~~Text proposed by the Commission~~

(17) Effective, efficient, and consistent enforcement of the rules is of utmost importance to ensure undistorted competition between operators and eliminate risks to road safety and to road infrastructure posed by vehicles unlawfully exceeding the applicable weights or dimensions. To better target roadside controls at overloaded vehicles, and if they choose to use automatic systems on the road infrastructure, Member States should ensure as a minimum the deployment of suchautomatic systems in the trans-European road transport network, including certified ones on the TEN-T core network. Additionally, it should also be possible to use accurate and fully interoperable on-board weighting equipment. Such certified automatic systems should be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights, but have a derogation for it based on a valid special permit or a similar arrangement. The systems should also be able to detect if the requirements of special permits are being met. This is expected to avoid unjustified penalties and save administrative costs for both operators and Member States. Moreover, for reliability and consistency of the enforcement across the Union, the mandatory minimum level of controls to be performed by Member States should be established in proportion to the level of traffic on their territories by the vehicles within scope of this Directive, including an appropriate number of controls during night hours. [Am. 14]

~~Amendment~~

(18) To further step up enforcement and monitoring of the circulation of heavy-duty vehicles on the Union’s roads, reduce congestion, enhance road safety, reduce risks of damage to infrastructure and promote sustainable transport operations, Member States should be encouraged to establish Intelligent Access Policy schemes that ensure compliance with rules on the maximum authorised weights and dimensions. When establishing such schemes, Member States should apply minimum common requirements to such schemes in order to guarantee harmonisation and interoperability across de EUthe Union, in particular as regards accessibility and format of relevant data to be exchanged. The relevant data should be accessible in real-time and in the official languages of the Union. The schemes should help to ensure that the right vehicle with the right cargo, operates on the right road, and at the right time to secure minimum impact on environment, infrastructure, human health and safety, and society. The establishment of such schemes should make use of advanced intelligent transport systems, such as vehicle-to-infrastructure communication, vehicle-to-network communication, real-time data sharing and remote monitoring, in order to ensure safe and smooth traffic of heavy-duty vehicles and they should not lead to disproportionate or discriminatory traffic restrictions. [Am. 15]

(18a) The enforcement of Directive 96/53/EC is an essential part of the well-established monitoring and enforcement systems at Union and national level which contribute to the implementation of the Union’s social, market and technical rules applicable to road transport. When non-compliance with the prescribed weights and dimensions requirements is detected, enforcement actions are to be taken by the competent national authorities. Member States should ensure that the penalties are non-discriminatory both as regards the types of penalty chosen and their levels, and that they are effective, dissuasive and proportionate to the seriousness of the infringement committed. Those infringements should be recorded in the national register of road transport undertakings, exchanged via the European Register of Road Transport Undertakings (ERRU) and reflected in the risk rating score of the undertakings in line with Regulation (EC) No 1071/2009. It is expected that cross-border implementation of sanctions within the scope of Directive 96/53/EC will be facilitated through an amended Directive (EU) 2015/413 on Cross-Border Enforcement. [Am. 16]

(9) European Modular Systems (EMS) have been used and trialled at length and have proven to be an interesting solution to improve the economic and energy efficiency of transport operations, while ensuring road safety and protection of infrastructure, thanks to their confinement to adequate parts of the road networks. Given national specificities, different economic interests, transportation needs and diverse transport infrastructure capacities in Member States, they are best placed to assess and authorise the circulation of EMS on their territories. Before authorising EMS, Member States should carry out a prior assessment for new routes of their possible impact on road safety, infrastructure, modal cooperation, modal shift and the environment. At the same time, to enlarge the positive socio-economic and environmental impacts of the use of EMS, it is crucial to remove unnecessary barriers to their use in cross-border operations between neighbouring Member States that allow such vehicle combinations on their territories, without limitation in the number of borders crossed as long as they comply with the maximum authorised weights and dimensions for EMS established by Member States within their respective territories. This is to ensure that EMS used in cross-border operations comply with the common lowest weight and dimension limit for EMS applicable in those Member States. In the interests of safety of operations, transparency and legal clarity, common conditions should be established for the circulation of EMS in national and international traffic. Those conditions should inter alia ensure that EMS circulate on roads where the safety of vulnerable road users is guaranteed. Member States should provide clear information on the weights and dimensions limits for EMS on parts of the road network compatible with specifications of such vehicles. Member States should establish a monitoring system to evaluate the impacts of the use of EMS on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal share. The clear definition of EMS in this Directive guarantees that EMS are composed of standard vehicle units to ensure compatibility with other transport modes, notably rail. To effectively drive the transition towards zero-emission mobility, EMS engaged in international traffic should, as soon as technically and operationally feasible, be composed of zero-emissions vehicles or vehicle combinations.

(18b) In order to make progress in the green and digital transitions and to comply with the objectives set in the European Green Deal and the Sustainable and Smart Mobility Strategy, particularly as regards the GHG emission reductions from the transport sector, Member States should be encouraged to use the revenues generated from the penalties applicable to the infringements of this Directive, or the equivalent in financial value of those revenues, to support the uptake of sustainable transport means and hence mitigate the external costs generated by transport operations, encourage intermodality, and increase the sustainability of cross-border transport operations. [Am. 17]

~~Amendment 6~~

(19) To promote the growth of multimodal transportation system, containerised transport, including those using 45-foot or 48-foot containers, 45-foot swap bodies or high-cube containers, should be further facilitated by allowing extra height and length to road vehicles to transport high-cubethese containers. [Am. 18]

~~Proposal for a directive~~

(19a) The Commission should review the current type approval legislation in order to strengthen the technical and operational compatibility of new heavy duty vehicles and vehicle combinations, inter alia concerning their weight, shape, size, craneability, and retractability and foldability of protruding devices, with the requirements of combined transport operations, as well as to facilitate the use and uptake of zero-emission trailers and semi-trailers. [Am. 19]

~~Recital 9 a (new)~~

(20) The European Parliament and the Council should be regularly informed of the results of the checks of compliance carried out by the Member States’ competent authorities, on the deployment and the use of enforcement tools and monitoring systems, in particular in the context of assessing the operational, safety and environmental impacts of the use of heavier and/or longer vehicles, including modular vehicle combinations. This information, provided by the Member States, should enable the Commission to monitor the market developments and compliance with Directive 96/53/EC. To facilitate for Member States the submission of the necessary information to the Commission and to ensure uniformity and comparability of data, enabling to monitor compliance and evaluate the overall performance of Directive 96/53/EC, it is desirable that the Commission establishes a uniform user-friendly reporting format.

~~Text proposed by the Commission~~

(21) To enable a swift response of the road transport sector to any crisis, such as natural disasters, pandemics, military conflicts or infrastructure failures, there is a need to introduce an emergency clause to Directive 96/53/EC, which enables temporarily the circulation of heavy-duty vehicles exceeding the maximum permitted weights and/or dimensions, in order to ensure a continued supply of necessary goods and services. Such exceptional clause should be applied only where the public interest requires it, and provided that road safety is not thereby jeopardised and its possible renewal should be conditional upon the persistence of the crisis. [Am. 20]

~~Amendment~~

(22) In order to ensure that the monitoring systems to be set up by the Member States for assessing the impacts of EMS and trials comply with minimum harmonised requirements, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement Directive 96/53/EC in respect of determining the minimum sets of data and/or performance indicators to be provided by those monitoring systems. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(23) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish aan EU common standard application form and harmonise the rules and procedures for the issuing of national permits or similar arrangements for vehicles or vehicle combinations which exceed the maximum weights and/or dimensions and are intended to carry indivisible loads, to establish a standard reporting format for Member States to comply with their reporting obligations, and to establish temporary exceptions from the application of the weights and dimensions limits used in international traffic between Member States affected by a crisis. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. [Am. 21]

~~Amendment 7~~

(23a) In order to assess the effectiveness and efficiency of this Directive and in order to measure progress against its specific objectives, it is important to regularly evaluate its implementation and impact. Therefore, the Commission should present regular assessment reports on the application of this Directive, based on the enabling conditions for the market uptake of zero-emission heavy duty vehicles, such as the availability and capacity of appropriate alternative fuels infrastructure, the impact of the European system on road transport as well as road user charges differentiated by CO2 emissions in Member States. These reports should contain detailed information on these enabling conditions, and on the evolution of national and international road transport, the impact on road safety and road infrastructure, modal shift, the use of smart enforcement systems, and technological advancements on road transport. Additionally, the reports should consider the scalability of measures in alignment with the long-term goals of the Directive. On the basis of the findings in these assessments, the report should, where appropriate, be accompanied by a legislative proposal to amend this Directive and the obligations established therein. [Am. 22]

~~Proposal for a directive~~

(24) Taking into account the many amendments to Annex I to Directive 96/53/EC relating to the need to provide additional incentives to the deployment of zero-emission heavy-duty vehicles, to the need to harmonise the maximum weight of 5-axle motor vehicles and to the need to promote intermodal transport, it is appropriate, for reasons of clarity, to replace it.

~~Recital 10 a (new)~~

(25) In order to add the information requested under Directive 96/53/EC to the scope of Regulation (EU) 2020/1056 that Regulation needs to be amended.

~~Text proposed by the Commission~~

(26) Since the objectives of this Directive, namely ensuring road safety, fostering sustainable and efficient transport operations, and promoting the functioning of the internal market, cannot be sufficiently achieved by the Member States, but can rather, by reasons of the cross-border nature of road transport and of the problems this Directive is intended to address, be better achieved at the 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 Directive does not go beyond what is necessary in order to achieve those objectives.

~~Amendment~~

(27) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(28) Directive 96/53/EC should therefore be amended accordingly,

~~Amendment 8~~

HAVE ADOPTED THIS DIRECTIVE:

~~Proposal for a directive~~

Article 1 Amendments to Directive 96/53/EC

~~Recital 11~~

Directive 96/53/EC is amended as follows:

~~Text proposed by the Commission~~

(1) Article 1 is amended as follows:

~~Amendment~~

(a) in paragraph 1, point (a) is replaced by the following:

‘(a) the dimensions of motor vehicles in categories M2 and M3 and their trailers in category O and motor vehicles in categories N2 and N3 and their trailers in categories O3 and O4, as classified in Article 4 of Regulation (EU) 2018/858 of the European Parliament and of the Council*;;’

(11) The transport of indivisible loads carried out by vehicles or vehicle combinations exceeding the maximum weights or dimensions and the use of EMS, given their needs for additional safety features and for suitable infrastructure, require that special attention is given to elements such as transparency of relevant information, legal certainty and harmonisation of the permit processes. It is therefore necessary for Member States to establish a single electronic information and communication system containing all the relevant information regarding the operational and administrative conditions for the transport of indivisible loads and for the use of EMS, in a clear and easily accessible manner. This national system should also enable the operators to obtain the information and submit electronically the application, in an EU standardised format, for special permits for the carriage of indivisible loads in the Member State concerned. In addition, that national system should provide information on the national maximum authorised weights and dimensions of vehicles and vehicle combinations, information on possible restrictions, in particular on height. To ensure that operators and citizens can access all relevant information in one place, a dedicated European web portal connecting the national electronic and communication systems and providing, among others, a clear graphic overview of the roads on which EMS, and, where available, vehicles transporting indivisible loads, are allowed to circulate in the relevant Member States, should be established by the Commission, at the latest by [6 months after the date of transposition of this Directive].

(b) paragraph 2 is replaced by the following:

~~Amendment 9~~

‘2. All the values of weights indicated in Annex I are valid as circulation standards and thus refer to loading conditions, not production standards, which are laid down in Regulation (EU) 2019/2144 of the European Parliament and of the Council**.’;

~~Proposal for a directive~~

_______

~~Recital 12~~

* Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).

~~Text proposed by the Commission~~

** Regulation (EU) 2019/2144 of the European Parliament and of the Council of 27 November 2019 on type-approval requirements for motor vehicles and their trailers, and systems, components and separate technical units intended for such vehicles, as regards their general safety and the protection of vehicle occupants and vulnerable road users, amending Regulation (EU) 2018/858 of the European Parliament and of the Council and repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No 661/2009 of the European Parliament and of the Council and Commission Regulations (EC) No 631/2009, (EU) No 406/2010, (EU) No 672/2010, (EU) No 1003/2010, (EU) No 1005/2010, (EU) No 1008/2010, (EU) No 1009/2010, (EU) No 19/2011, (EU) No 109/2011, (EU) No 458/2011, (EU) No 65/2012, (EU) No 130/2012, (EU) No 347/2012, (EU) No 351/2012, (EU) No 1230/2012 and (EU) 2015/166 (OJ L 325, 16.12.2019, p. 1).’;’

~~Amendment~~

(2) Article 2 is amended as follows:

(12) The artificial barriers to the cross-border transport of heavier lorries primarily used in long distance transport (such as vehicle combinations with 5 and 6 axles), should be removed in a harmonised way to take advantage in the short term of the operational, energy and environmental efficiency linked to the greater loading capacity granted by the Member States, including for intermodal transport. To effectively drive the transition towards zero-emission mobility, it is necessary to phase out the use of such heavier lorries running on fossil fuels, as of 2035, when the market penetration of zero-emission HDVs is projected to increase significantly up to around 50% of new HDV registrations. After the phasing out, heavier lorries should continue to be allowed in national traffic while, in international traffic, they should comply with the maximum authorised weights set up in Annex I to Directive 96/53/EC, which limits the extra weight allowance to zero-emission vehicles and to vehicles involved in an intermodal transport operation.

(a) in the second indent, the definition of ‘trailer’ is replaced by the following:

(12) The artificial barriers to the cross-border transport of heavier lorries primarily used in long distance transport (such as vehicle combinations with 5 and 6 axles), should be removed in a harmonised way to take advantage in the short term of the operational, energy and environmental efficiency linked to the greater loading capacity granted by the Member States, including for intermodal transport. To effectively drive the transition towards zero-emission mobility and maximise the effects of relevant existing environmental law it is necessary to phase out the use of such heavier lorries running on fossil fuels, as of 2035, to strengthen legal certainty for investments and to further encourage the market penetration of more efficient zero-emission HDVs. After the phasing out, heavier lorries should continue to be allowed in national traffic while, in international traffic, they should comply with the maximum authorised weights set up in Annex I to Directive 96/53/EC, which limits the extra weight allowance to zero-emission vehicles and to vehicles involved in an intermodal transport operation.

‘— ‘trailer’ shall mean a vehicle as defined in Article 3(17) of Regulation (EU) 2018/858,;’

~~Amendment 10~~

(b) in the third indent, the definition of ‘semi-trailer’ is replaced by the following:

~~Proposal for a directive~~

‘— ‘semi-trailer’ shall mean a vehicle as defined in Article 3(33) of Regulation (EU) 2018/858,;’

~~Recital 14~~

~~Text proposed by the Commission~~

‘— ‘European Modular System’ shall mean a motor vehicle or vehicle combination coupled to one or more trailers or semitrailers where the total combination exceeds the maximum authorised length and may exceed the maximum authorised weights laid down in Annex I and where the individual motor vehicle, trailer(s) and semitrailer(s) do not exceed the weights or dimensions laid down in Annex I,;’

~~Amendment~~

(d) the following definition is inserted after the definition of ‘conditioned vehicle’:

(14) Vehicle carriers with open bodies have very limited potential to reduce their energy consumption via improved aerodynamics. Diverging national rules on the overhanging of loads on vehicle carriers cause distortions of competition and limit significantly their potential to improve operational efficiency and energy performance in international traffic. Therefore it is necessary to harmonise rules on the overhanging of loads of vehicle carriers with open bodies, so as to ensure that these objectives are properly met.

‘— ‘vehicle transporter’ shall mean a vehicle combination which is constructed or permanently adapted for carrying other vehicle(s),;’

(14) Vehicle transporters, of which many have open bodies, have very limited potential to reduce their energy consumption via improved aerodynamics. Diverging national rules on the overhanging of loads on vehicle transporters cause distortions of competition and limit significantly their potential to improve operational efficiency and energy performance in international traffic. Therefore, it is necessary to harmonise rules on the overhanging of loads of vehicle transporters so as to ensure that these objectives are properly met.

(e) in the fourteenth indent, the definition of ‘alternatively fuelled vehicle’ is replaced by the following:

~~Amendment 11~~

‘— ‘alternatively fuelled vehicle’ shall mean a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation (EU) 2018/858,;’ [Am. 23]

~~Proposal for a directive~~

(f) in the fifteenth indent, the definition of ‘intermodal transport operation’, point (a) is replaced by the following:

~~Recital 15~~

‘(a) the combined transport operations defined in Article 1 of Council Directive 92/106/EEC*; or’;

~~Text proposed by the Commission~~

________

~~Amendment~~

* Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).’;’

(g) the following definition is inserted after the definition of ‘shipper’:

‘— ‘eFTI Platform’ shall mean a freight transport information platform established pursuant Regulation (EU) 2020/1056 of the European Parliament and of the Council*,’;

~~Amendment 12~~

________

~~Proposal for a directive~~

* Regulation (EU) 2020/1056 of the European Parliament and of the Council of 15 July 2020 on electronic freight transport information (OJ L 249, 31.7.2020, p. 33).’;’

~~Recital 16 a (new)~~

(h) the second subparagraph is replaced by the following:

~~Text proposed by the Commission~~

‘All maximum authorised dimensions specified in Annex I shall be checked against the corresponding declared values for the specific vehicle in the information document accompanying the EU Whole Vehicle Type Approval, drawn up in accordance with Annex I to Commission Implementing Regulation (EU) 2020/683*, with no positive tolerances.’;

~~Amendment~~

________

* Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1).’;’

~~Amendment 13~~

(3) Article 4 is amended as follows:

~~Proposal for a directive~~

(a) in paragraph 1, the following point (c) is added:

~~Recital 16 b (new)~~

‘(c) of vehicles or vehicle combinations for the international transport of goods or passengers which are not in conformity with the characteristics set out in Annex I.;’

~~Text proposed by the Commission~~

(b) paragraph 3 and 4 are replaced by the following:

~~Amendment~~

‘3. Vehicles or vehicle combinations which exceed the maximum weights and/or dimensions may only be allowed to circulate on the basis of special permits issued by the competent authorities, or on the basis of similar arrangements agreed on a case-by-case basis with those authorities, where those vehicles or vehicle combinations carry or are intended to carry indivisible loads.

~~Amendment 14~~

~~Proposal for a directive~~

~~Recital 17~~

~~Text proposed by the Commission~~

~~Amendment~~

(17) Effective, efficient, and consistent enforcement of the rules is of utmost importance to ensure undistorted competition between operators and eliminate risks to road safety and to road infrastructure posed by vehicles unlawfully exceeding the applicable weights or dimensions. To better target roadside controls at overloaded vehicles, Member States should ensure as a minimum the deployment of automatic systems in the trans-European road transport network, including certified ones on the TEN-T core network. Additionally, it should also be possible to use accurate and fully interoperable on-board weighting equipment. Such certified automatic systems should be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights, but have a derogation for it based on a valid special permit or a similar arrangement. The systems should also be able to detect if the requirements of special permits are being met. This is expected to avoid unjustified penalties and save administrative costs for both operators and Member States. Moreover, for reliability and consistency of the enforcement across the Union, the mandatory minimum level of controls to be performed by Member States should be established in proportion to the level of traffic on their territories by the vehicles within scope of this Directive, including an appropriate number of controls during night hours.

~~Amendment 15~~

~~Proposal for a directive~~

~~Recital 18~~

~~Text proposed by the Commission~~

~~Amendment~~

(18) To further step up enforcement and monitoring of the circulation of heavy-duty vehicles on the Union’s roads, reduce congestion, enhance road safety, reduce risks of damage to infrastructure and promote sustainable transport operations, Member States should be encouraged to establish Intelligent Access Policy schemes that ensure compliance with rules on the maximum authorised weights and dimensions. When establishing such schemes, Member States should apply minimum common requirements to guarantee harmonisation and interoperability across de EU, in particular as regards accessibility and format of relevant data to be exchanged. The schemes should help to ensure that the right vehicle with the right cargo, operates on the right road, and at the right time to secure minimum impact on environment, infrastructure, human health and safety, and society. The establishment of such schemes should make use of advanced intelligent transport systems, such as vehicle-to-infrastructure communication, vehicle-to-network communication, real-time data sharing and remote monitoring, in order to ensure safe and smooth traffic of heavy-duty vehicles and they should not lead to disproportionate or discriminatory traffic restrictions.

(18) To further step up enforcement and monitoring of the circulation of heavy-duty vehicles on the Union’s roads, reduce congestion, enhance road safety, reduce risks of damage to infrastructure and promote sustainable transport operations, Member States should be encouraged to establish Intelligent Access Policy schemes that ensure compliance with rules on the maximum authorised weights and dimensions. Member States should apply minimum common requirements to such schemes in order to guarantee harmonisation and interoperability across the Union, in particular as regards accessibility and format of relevant data to be exchanged. The relevant data should be accessible in real-time and in the official languages of the Union. The schemes should help to ensure that the right vehicle with the right cargo, operates on the right road, and at the right time to secure minimum impact on environment, infrastructure, human health and safety, and society. The establishment of such schemes should make use of advanced intelligent transport systems, such as vehicle-to-infrastructure communication, vehicle-to-network communication, real-time data sharing and remote monitoring, in order to ensure safe and smooth traffic of heavy-duty vehicles and they should not lead to disproportionate or discriminatory traffic restrictions.

~~Amendment 16~~

~~Proposal for a directive~~

~~Recital 18 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

(18a) The enforcement of Directive 96/53/EC is an essential part of the well-established monitoring and enforcement systems at Union and national level which contribute to the implementation of the Union’s social, market and technical rules applicable to road transport. When non-compliance with the prescribed weights and dimensions requirements is detected, enforcement actions are to be taken by the competent national authorities. Member States should ensure that the penalties are non-discriminatory both as regards the types of penalty chosen and their levels, and that they are effective, dissuasive and proportionate to the seriousness of the infringement committed. Those infringements should be recorded in the national register of road transport undertakings, exchanged via the European Register of Road Transport Undertakings (ERRU) and reflected in the risk rating score of the undertakings in line with Regulation 1071/2009. It is expected that cross-border implementation of sanctions within the scope of Directive 96/53/EC will be facilitated through an amended Directive 2015/413 on Cross-Border Enforcement.

~~Amendment 17~~

~~Proposal for a directive~~

~~Recital 18 b (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 18~~

~~Proposal for a directive~~

~~Recital 19~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(19) To promote the growth of multimodal transportation system, containerised transport should be further facilitated by allowing extra height to road vehicles to transport high-cube containers.~~

~~Amendment 19~~

~~Proposal for a directive~~

~~Recital 19 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 20~~

~~Proposal for a directive~~

~~Recital 21~~

~~Text proposed by the Commission~~

~~Amendment~~

(21) To enable a swift response of the road transport sector to any crisis, such as natural disasters, pandemics, military conflicts or infrastructure failures, there is a need to introduce an emergency clause to Directive 96/53/EC, which enables temporarily the circulation of heavy-duty vehicles exceeding the maximum permitted weights and/or dimensions, in order to ensure a continued supply of necessary goods and services. Such exceptional clause should be applied only where the public interest requires it, provided that road safety is not thereby jeopardised and its possible renewal should be conditional upon the persistence of the crisis.

~~Amendment 21~~

~~Proposal for a directive~~

~~Recital 23~~

~~Text proposed by the Commission~~

~~Amendment~~

(23) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish a common standard application form and harmonise the rules and procedures for the issuing of national permits or similar arrangements for vehicles or vehicle combinations which exceed the maximum weights and/or dimensions and are intended to carry indivisible loads, to establish a standard reporting format for Member States to comply with their reporting obligations, and to establish temporary exceptions from the application of the weights and dimensions limits used in international traffic between Member States affected by a crisis. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council45 .

(23) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission to establish an EU common standard application form and harmonise the rules and procedures for the issuing of national permits or similar arrangements for vehicles or vehicle combinations which exceed the maximum weights and/or dimensions and are intended to carry indivisible loads, to establish a standard reporting format for Member States to comply with their reporting obligations, and to establish temporary exceptions from the application of the weights and dimensions limits used in international traffic between Member States affected by a crisis. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council45 .

~~__________________~~

45 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

~~Amendment 22~~

~~Proposal for a directive~~

~~Recital 23 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 23~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 2 – point e~~

~~Directive 96/53/EC~~

~~Article 2 – paragraph 1 – indent 14~~

~~Text proposed by the Commission~~

~~Amendment~~

~~— ‘alternatively fuelled vehicle’ shall mean a motor vehicle powered wholly by an alternative fuel and which has been approved under the framework of Regulation (EU) 2018/858,;~~

~~— ‘alternatively fuelled vehicle’ shall mean a motor vehicle powered wholly or in part by an alternative fuel and which has been approved under the framework of Regulation (EU) 2018/858;~~

~~Amendment 24~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 96/53/EC~~

~~Article 4 – paragraph 3 – subparagraphs 2, 3 and 3 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

Member States shall ensure that the procedure for obtaining permits or similar arrangements for the transport of indivisible loads is smooth, efficient and non-discriminatory, by minimising administrative burdens and avoiding unnecessary delays.

Member States shall ensure that the procedure for obtaining permits or similar arrangements for the transport of indivisible loads is smooth, efficient and non-discriminatory, by providing an EU common standard application form and by minimising administrative burdens and avoiding unnecessary delays.

Member States shall guarantee that the conditions under which the permits or similar arrangements related to the transport of indivisible loads are issued are proportionate and non-discriminatory. In particular, Member States shall cooperate to avoid the multiplicity of vehicle markings and signalling, and to favour the use of pictograms over text. Member States shall not impose language requirements related to the transport of indivisible loads.

Member States shall guarantee that the conditions under which the permits or similar arrangements related to the transport of indivisible loads are issued are proportionate and non-discriminatory. In particular, Member States shall issue the permits or similar arrangements in an electronic format and cooperate to further harmonise the permit issuing deadlines. Member States shall also cooperate to avoid the multiplicity of vehicle markings and signalling, and to favour the use of pictograms over text. Furthermore, Member States shall cooperate to harmonise the relevant rules for escorting transport of indivisible loads, such as on the prescribed use, markings and signs for escort vehicles. Member States shall not impose language requirements related to the drivers of transport of indivisible loads.

Member States shall ensure that the vehicles carrying indivisible loads display the EU label set out in Article 10ca. [Am. 24]

~~Amendment 25~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point b~~

~~Directive 96/53/EC~~

~~Article 4 – paragraph 4~~

~~Text proposed by the Commission~~

~~Amendment~~

4. Member States may allow vehicles or vehicle combinations used for transport which carry out certain national transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I.

4. Member States may allow vehicles or vehicle combinations used for transport which carry out certain national or international transport operations that do not significantly affect international competition in the transport sector to circulate in their territory with weights or dimensions deviating from those laid down in points 1.1, 1.2, 1.3, 1.4 to 1.8, 2, 4.1. 4.2 and 4.4 of Annex I.

Transport operations shall be considered not significantly to affect international competition in the transport sector if one of the following conditions is fulfilled:

~~Transport operations shall be considered not significantly to affect international competition in the transport sector if one of the following conditions is fulfilled:~~

(a) the transport operations are carried out in a Member State's territory by specialized vehicles or specialized vehicle combinations in circumstances in which they are not normally carried out by vehicles from other Member States, e.g. operations linked to logging and the forestry industry;

(b) the Member State which permits transport operations to be carried out in its territory by vehicles or vehicle combinations with dimensions deviating from those laid down in Annex I also permits the circulation of European Modular Systems pursuant to paragraph 4a, so as to achieve at least the loading length authorised in that Member State, and so that every operator may benefit from equal conditions of competition.’ [Am. 25]

‘4a. Member States may allow the circulation in their territories in national and international traffic of European Modular Systems subject to all of the following conditions:

~~Amendment 26~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 3 – point c~~

~~Directive 96/53/EC~~

~~Article 4 – paragraph 4a~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(4a) Member States may allow the circulation in their territories in national and international traffic of European Modular Systems subject to all of the following conditions:~~

(-a) For new EMS routes, the Member States shall make a prior assessment of the possible impact of European Modular Systems on road safety, on the road infrastructure, on modal cooperation, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal split. The assessment shall be made publicly available. Member States that have already established EMS routes in their territory at the date of the entry into force of this Directive, are not required to make a prior assessment for these already established routes;

(a) the Member States shall make publicly available, in an accessible and transparent way, the information related to the maximum weights and dimensions applicable to the circulation of European Modular Systems in their territories;

(b) the Member States shall make publicly available, in an accessible and transparent way, the information related to the part of the road network where European Modular Systems can circulate;

~~(b) the Member States shall make publicly available, in an accessible and transparent way, the information related to the part of the road network where European Modular Systems can circulate;~~

(c) the Member States shall ensure the connectivity of the part of the network where European Modular Systems can circulate in their territories with the road network of neighbouring Member States that also allow the circulation of European Modular Systems, in order to enable cross-border traffic;

(d) the Member States shall setestablish a monitoring system and assess theof impact of European Modular Systems on road safety, on the road infrastructure, on modal cooperation, on traffic volumes, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal split., taking into account the prior assessment performed under point (-a);

~~(d)~~(da) the Member States shall ~~set~~ensure athat ~~monitoring~~appropriate ~~system~~measures ~~and~~are ~~assess~~taken ~~the~~to ~~impact~~avoid ofany ~~European~~possible ~~Modular~~negative ~~Systems~~impacts on road safety, onincluding the ~~road~~safety ~~infrastructure,~~of onvulnerable ~~modal~~road ~~cooperation,~~users, as ~~well as~~a ~~the~~result ~~environmental~~of ~~impacts~~use of European Modular ~~Systems on the transport system, including the impacts on modal split.~~Systems.

(d) the Member States shall establish a monitoring system of impact of European Modular Systems on road safety, on the road infrastructure, on modal cooperation, on traffic volumes, as well as the environmental impacts of European Modular Systems on the transport system, including the impacts on modal split, taking into account the prior assessment performed under point (-a);

(d a) the Member States shall ensure that appropriate measures are taken to avoid any possible negative impacts on road safety, including the safety of vulnerable road users, as a result of use of European Modular Systems.

Member States may establish minimum requirements or a certification scheme for the drivers of European Modular Systems, provided that they ensure proportionality and non-discrimination. Member States shall cooperate to mutually recognise each other’s certifications.

Whenever a Member State allows, pursuant to this paragraph, the circulation of European Modular Systems in national traffic, it may not reject or prohibit the circulation in its territory of European Modular Systems in international traffic, provided that such systems do not exceed the maximum weights and dimensions set for European Modular Systems in national traffic.

Member States shall informnotify the Commission in case they allow the circulation in their territories of European Modular Systems and inform it how they fulfil the conditions set out in points (-a) to (da) of this paragraph.; Following such notifications, the Commission shall, where appropriate, issue recommendations to those Member States to ensure the compliance with these conditions. Where the Commission issues recommendations, the Member State concerned shall, within 6 months, inform the Commission of how it intends to implement those recommendations. The Commission recommendations and responses by the Member State shall be made publicly available.’ [Am. 26]

~~Member States shall inform the Commission in case they allow the circulation in their territories of European Modular Systems.;~~

(d) paragraph 5 is replaced by the following:

Member States shall notify the Commission in case they allow the circulation in their territories of European Modular Systems and inform it how they fulfil the conditions set out in points (-a) to (da) of this paragraph. Following such notifications, the Commission shall, where appropriate, issue recommendations to those Member States to ensure the compliance with these conditions. Where the Commission issues recommendations, the Member State concerned shall, within 6 months, inform the Commission of how it intends to implement those recommendations. The Commission recommendations and responses by the Member State shall be made publicly available.

‘5. Member States may allow for a limited period of time trials of vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with requirements of this Directive. Such vehicles or vehicle combinations shall be allowed to carry out certain national or international transport operations for the trial period only after demonstrating that the targeted transport activities cannot be conducted by any other form of transport that offers similar or superior safety and environmental benefits. It must be proven that this does not have a significant impact on intermodal competition in the transportation industry as a whole. In particular, trials with European Modular Systems shall be allowed for a maximum of five years and can be renewed once for a maximum of three years. If a Member State decides to renew a trial, it shall provide sufficient justification to the Commission. The number of trials shall not be limited. Member States shall inform the Commission thereof. [Am. 27]

~~Amendment 27~~

Member States shall set a monitoring system and assess the impact of the trials referred to in the first subparagraph on road safety, on the road infrastructure and on modal cooperation, as well as the environmental impacts on the transport system, including the impacts on modal split.;’

~~Proposal for a directive~~

(e) the following paragraph 5a is inserted:

~~Article 1 – paragraph 1 – point 3 – point d~~

‘5a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to supplement this Directive by determining the minimum sets of data and the performance indicators to be provided by the prior assessments and monitoring systems set up by the Member States as referred to in paragraphs 4a, pointpoints (-a) and (d), and 5 of this Article.;’ [Am. 28]

~~Directive 96/53/EC~~

(f) paragraph 7 is deleted;

~~Article 4 – paragraph 5 – subparagraph 1~~

(4) the following Articles 4a and 4b are inserted:

~~Text proposed by the Commission~~

‘Article 4a

~~Amendment~~

1. Member States shall establish and manage an electronic information and communications system with at least the following ‘one-stop-shop’ functions:

(a) a single national entry point through which the applicant shall submit its application for the special permit or similar arrangement as laid down in Article 4(3) in a standardised format;

Member States may allow for a limited period of time trials of vehicles or vehicle combinations incorporating new technologies or new concepts which cannot comply with requirements of this Directive. Such vehicles or vehicle combinations shall be allowed to carry out certain national or international transport operations for the trial period only after demonstrating that the targeted transport activities cannot be conducted by any other form of transport that offers similar or superior safety and environmental benefits. It must be proven that this does not have a significant impact on intermodal competition in the transportation industry as a whole. In particular, trials with European Modular Systems shall be allowed for a maximum of five years and can be renewed once for a maximum of three years. If a Member State decides to renew a trial, it shall provide sufficient justification to the Commission. The number of trials shall not be limited. Member States shall inform the Commission thereof.

(b) a single national access point for the applicants to obtain the information on the requirements for applying for special permits or similar arrangements as laid down in Article 4(3) and to the necessary information to plan their routes in a clear, accessible, and transparent manner;

~~Amendment 28~~

(c) a single national access point for the operators of European Modular Systems to the information referred to in Article 4(4a), points (a) and (b), where relevant.

~~Proposal for a directive~~

(ca) a single national access point to obtain information, in a clear, accessible, and transparent manner, regarding national maximum authorised weights and dimensions of vehicles, as well as any restrictions, including on height, in specified areas or on specific roads. [Am. 29]

~~Article 1 – paragraph 1 – point 3 – point e~~

1a. By [6 months after the date of transposition of this Directive], the Commission shall establish, and thereafter manage, a dedicated and up-to-date European web portal, available in all official languages of the Union, connecting, in a clear, accessible, and transparent manner, the national electronic and communications systems, referred to in paragraph 1. This European portal shall also make publicly available, in an accessible and transparent way, the parts of the road network where European Modular Systems, and, where available, vehicles transporting indivisible loads, can circulate. [Am. 30]

~~Directive 96/53/EC~~

2. The Commission mayshall adopt implementing acts establishing aan EU common standard permit application form and harmonising the rules and procedures, including regarding the necessary vehicle registration information, for the issuing, including in digital format, of national permits or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3), as well as harmonising the relevant rules for escorting transport of indivisible loads. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2). [Am. 31]

~~Article 4 – paragraph 5a~~

Article 4b

~~Text proposed by the Commission~~

1. Whenever a Member State, pursuant to Article 4(2), point (a), allows the circulation within its territory of vehicle combinations with a maximum weight exceeding the limits set out in points 2.2.1 or 2.2.2 of Annex I, it may not reject or prohibit the use in its territory in international traffic of those vehicle combinations complying with the weight values set for the national transport of goods, provided that such vehicle combinations do not have a maximum authorised weight exceeding 44 tonnes.

~~Amendment~~

2. By way of derogation from paragraph 1, the 44 tonnes-weight limit set out in paragraph 1 may be exceeded in case the Member State allows higher weight values to those vehicle combinations when involved in an intermodal transport operation.

5a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to supplement this Directive by determining the minimum sets of data and the performance indicators to be provided by the monitoring systems set up by the Member States as referred to in paragraphs 4a, point (d), and 5 of this Article.;

3. In view of the expected increase in the uptake of zero-emission vehicles, this Article shall apply until 31 December 2034.’;’

5a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to supplement this Directive by determining the minimum sets of data and the performance indicators to be provided by the prior assessments and monitoring systems set up by the Member States as referred to in paragraphs 4a, points (-a) and (d), and 5 of this Article.;

(5) Article 6 is amended as follows:

~~Amendment 29~~

(a) paragraph 1 is replaced by the following:

~~Proposal for a directive~~

‘1. Member States shall take the necessary measures to ensure that the vehicles referred to in Article 1 and complying with this Directive carry one of the following proofs:

~~Article 1 – paragraph 1 – point 4~~

(a) a combination of the following two plates:

~~Directive 96/53/EC~~

- (i) the ‘manufacturer's statutory plate’ established and attached in accordance with Annex II to Commission Implementing Regulation (EU) 2021/535*,

~~Article 4a – paragraph 1 – point c a (new)~~

- (ii) the plate relating to dimensions, in accordance with Annex III to this Directive, established and attached in accordance with Annex II to Implementing Regulation (EU) 2021/535;

~~Text proposed by the Commission~~

(b) a single plate established and attached in accordance with Annex II to Implementing Regulation (EU) 2021/535 and containing the information on the two plates referred to in point (a) of this paragraph;

~~Amendment~~

(c) a single document issued by the competent authorities of the Member State in which the vehicle is registered or put into circulation. Such document shall bear the same headings and information as the plates referred to in point (a). It shall be kept in a place easily accessible to inspection and shall be adequately protected.’;

________

~~Amendment 30~~

* Commission Implementing Regulation (EU) 2021/535 of 31 March 2021 laying down rules for the application of Regulation (EU) 2019/2144 of the European Parliament and of the Council as regards uniform procedures and technical specifications for the type-approval of vehicles, and of systems, components and separate technical units intended for such vehicles, as regards their general construction characteristics and safety (OJ L 117, 6.4.2021, p. 1).’;’

~~Proposal for a directive~~

(aa) paragraph 4 is replaced by the following:

~~Article 1 – paragraph 1 – point 4~~

‘4 Vehicles carrying proof of compliance shall be subject:

~~Directive 96/53/EC~~

~~Article 4a – paragraph 1 a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~Amendment 31~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 4~~

~~Directive 96/53/EC~~

~~Article 4a – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

2. The Commission may adopt implementing acts establishing a common standard application form and harmonising the rules and procedures for the issuing of national permits or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).

2. The Commission shall adopt implementing acts establishing an EU common standard permit application form and harmonising the rules and procedures, including regarding the necessary vehicle registration information, for the issuing, including in digital format, of national permits or similar arrangements referred to in paragraph 1 of this Article and in Article 4(3), as well as harmonising the relevant rules for escorting transport of indivisible loads. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).

~~Amendment 32~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 5 – point a a (new)~~

~~Directive 96/53/EC~~

~~Article 6 – paragraph 4~~

~~Present text~~

~~Amendment~~

~~(a a) paragraph 4 is replaced by the following :~~

~~4. Vehicles carrying proof of compliance may be subject:~~

~~"4. Vehicles carrying proof of compliance shall be subject:~~

~~— as regards common standards on weights, to random checks,~~

— as regards common standards on weights, to random checks,

— as regards common standards on dimensions, ~~only~~ to checks where there is a suspicion of non-compliance with this ~~Directive.~~Directive."’ [Am. 32]

~~— as regards common standards on dimensions, to checks where there is a suspicion of non-compliance with this Directive."~~

(b) paragraph 5 is replaced by the following:

~~(Directive 96/53/EC)~~

‘5. The middle column of the proof of compliance relating to weights shall contain, where appropriate, the Union weight standards applicable to the vehicle in question.;’

~~Amendment 33~~

~~Proposal for a directive~~

‘7. For a transport operation to qualify as an intermodal transport operations for the purpose of this directive, the shipper or, if different from the shipper, the undertaking which organises the intermodal transport operation, shall ensure that the documents referred to under Articles 3 and 7 of Directive 92/106/ECC, as appropriate, are recorded and made available on an eFTI platform in accordance with Regulation (EU) 2020/1056. Such information shall be accessible to competent authorities, on the same eFTI platform where the transport information was recorded, in accordance with Regulation (EU) 2020/1056.’

~~Article 1 – paragraph 1 – point 7~~

(6) Article 8b is amended as follows:

~~Directive 96/53/EC~~

(a) paragraphs 1 and 2 are replaced by the following:

~~Article 8c~~

‘1. With the aim of improving their energy efficiency, vehicles or vehicle combinations which are equipped with aerodynamic devices meeting the requirements laid down in paragraphs 2 and 3, and which comply with Regulation (EU) 2018/858, may exceed the maximum lengths provided for in point 1.1 of Annex I to this Directive, to allow the addition of such devices to the rear of vehicles or vehicle combinations. Vehicles or vehicle combinations equipped with such devices shall comply with point 1.5 of Annex I to this Directive, and any exceeding of the maximum lengths shall not result in an increase in the loading length of those vehicles or vehicle combinations.

~~Text proposed by the Commission~~

2. Before being placed on the market, the aerodynamic devices referred to in paragraph 1 shall be type-approved in accordance with the rules on type-approval within the framework of Regulation (EU) 2018/858 and Implementing Regulation (EU) 2021/535.;’

~~Amendment~~

(b) paragraph 5 is deleted;

~~Article 8c~~

(7) the following Article 8c is inserted:

~~Article~~‘Article 8c

Vehicle transporters with open bodies may exceed the maximum lengths laid down in point 1.1 of Annex I while loaded, up to a total of 20,75 meters, using ~~authorised~~authorisedload supports, such as extendable rear load supports.

~~Vehicle transporters may exceed the maximum lengths laid down in point 1.1 of Annex I while loaded, up to a total of 20,75 meters, using load supports, such as extendable rear load supports.~~

The overhang or load support of vehicle transporters may not protrude in relation to the overhanging load. The load may protrude in front of the towing vehicle up to a maximum of 0,5 meters, provided that all of the axlesthe first axle of the transported vehicle restsrest on the trailervehicle structure. The load may protrude from behind up to a maximum of 1,5 meters, provided that at the most onethe last axle of the transported vehicle rests on the trailer structurerear load support.;’ [Am. 33]

The overhang or load support of vehicle transporters may not protrude in relation to the load. The load may protrude in front of the towing vehicle up to a maximum of 0,5 meters, provided that the first axle of the transported vehicle rests on the trailer structure. The load may protrude from behind up to a maximum of 1,5 meters, provided that the last axle of the transported vehicle rests on the trailer structure.;

(8) Article 9a is amended as follows:

The load support of vehicle transporters may not protrude in relation to the overhanging load. The load may protrude in front of the towing vehicle up to a maximum of 0,5 meters, provided that all of the axles of the transported vehicle rest on the vehicle structure. The load may protrude from behind up to a maximum of 1,5 meters, provided that at the most one axle of the transported vehicle rests on the rear load support.;

(a) paragraph 1 and 2 are replaced by the following:

~~Amendment 34~~

‘1. Vehicles or vehicle combinations which comply with Regulation (EU) 2018/858 may exceed the maximum lengths laid down in point 1.1 of Annex I to this Directive provided that their cabs deliver improved aerodynamic performance, energy efficiency and, safety performance and driver comfort. Any excess of the maximum lengths allowed under this Article may also be used to install zero-emission technology. Vehicles or vehicle combinations equipped with such cabs shall comply with point 1.5 of Annex I to this Directive and any exceeding of the maximum lengths shall not result in an increase in the load capacity of those vehicles. [Am. 34]

~~Proposal for a directive~~

2. Before being placed on the market, the vehicles referred to in paragraph 1 shall be approved in accordance with the rules on type-approval within the framework of Regulation (EU) 2018/858 and Implementing Regulation (EU) 2021/535.;’

~~Article 1 – paragraph 1 – point 8 – point a~~

(b) paragraph 3 is deleted;

~~Directive 96/53/EC~~

(9) Article 10b is replaced by the following:

~~Article 9a – paragraph 1~~

‘Article 10b

~~Text proposed by the Commission~~

1. The maximum authorised weights and axle weights of alternatively fuelled or zero-emission vehicles shall be those set out in points 2.2., 2.3, 2.4, 3.4.2 and 3.4.3 of Annex I.

~~Amendment~~

The additional weight required by alternatively fuelled vehicles other than zero-emission vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional weight shall be indicated in the official proof required in accordance with Article 6.

1. Vehicles or vehicle combinations which comply with Regulation (EU) 2018/858 may exceed the maximum lengths laid down in point 1.1 of Annex I to this Directive provided that their cabs deliver improved aerodynamic performance, energy efficiency and safety performance. Any excess of the maximum lengths allowed under this Article may also be used to install zero-emission technology. Vehicles or vehicle combinations equipped with such cabs shall comply with point 1.5 of Annex I to this Directive and any exceeding of the maximum lengths shall not result in an increase in the load capacity of those vehicles.

The Commission shall be empowered to adopt delegated acts in accordance with Article 10h to supplement this Directive by updating the list of alternative fuels referred to in Article 2 that require additional weight. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States’ experts, before adopting those delegated acts.’.

~~1. Vehicles or vehicle combinations which comply with Regulation (EU) 2018/858 may exceed~~2. ~~the~~The maximum lengths laid down in point 1.1 of Annex I tofor ~~this~~zero-emission ~~Directive~~vehicles ~~provided~~or ~~that~~vehicle ~~their~~combinations ~~cabs~~including ~~deliver~~zero-emission ~~improved~~vehicles ~~aerodynamic~~may ~~performance,~~be ~~energy~~exceeded ~~efficiency,~~by ~~safety~~the ~~performance~~additional ~~and~~length ~~driver~~necessary ~~comfort.~~to ~~Any~~accommodate ~~excess~~the ofzero-emission ~~the~~technology, with a maximum ~~lengths~~of ~~allowed~~90 ~~under~~cm, ~~this~~to ~~Article~~allow ~~may~~the ~~also~~addition beof ~~used~~such todevices. ~~install~~Such zero-emission ~~technology. Vehicles~~vehicles or vehicle combinations ~~equipped with such cabs~~ shall comply with ~~point~~points 1.5 and 1.5a of Annex I to this ~~Directive~~Directive, and any exceeding of the maximum lengths shall not result in an increase in the ~~load~~loading ~~capacity~~length of those ~~vehicles.~~vehicles or vehicle combinations, in order to ensure the compatibility of trailers and semi-trailers with the requirements for intermodal transport operations. [Am. 35]

~~Amendment 35~~

The additional length required by zero-emission vehicles shall be defined on the basis of the documentation provided by the manufacturer when the vehicle in question is approved. That additional length shall be indicated in the official proof required in accordance with Article 6.’.’

~~Proposal for a directive~~

(10) Article 10c is replaced by the following

~~Article 1 – paragraph 1 – point 9~~

‘Article 10c

~~Directive 96/53/EC~~

In the case of vehicles or vehicle combinations engaged in an intermodal transport operation, the maximum lengthslength laid down in point 1.1 of Annex I for an articulated vehicle, subject where applicable to Article 9a(1) and 10b(2), shall be of 18,00 m and the maximum distance laid down in point 1.6 of Annex I, may be exceeded by 15 cm for vehicles or vehicle combinations engaged in the transport of 45-foot containers or 45-foot swap bodies, empty or loaded, provided that the road transport of the container or swap body in question is part of an intermodal transport operation. shall be of 13,50 m;’ [Am. 36]

~~Article 10b – paragraph 2 – subparagraph 1~~

(10a) the following Article 10ca is inserted:

~~Text proposed by the Commission~~

‘Article 10ca

~~Amendment~~

The maximum lengths laid down in point 1.1 of Annex I for zero-emission vehicles or vehicle combinations including zero-emission vehicles may be exceeded by the additional length necessary to accommodate the zero-emission technology, with a maximum of 90 cm, to allow the addition of such devices. Such zero-emission vehicles or vehicle combinations shall comply with points 1.5 and 1.5a of Annex I to this Directive, and any exceeding of the maximum lengths shall not result in an increase in the loading length of those vehicles or vehicle combinations, in order to ensure the compatibility of trailers and semi-trailers with the requirements for intermodal transport operations.

The maximum lengths laid down in point 1.1 of Annex I for zero-emission vehicles or vehicle combinations including zero-emission vehicles may be exceeded by the additional length necessary to accommodate the zero-emission technology to allow the addition of such devices. Such zero-emission vehicles or vehicle combinations shall comply with points 1.5 and 1.5a of Annex I to this Directive, and any exceeding of the maximum lengths shall not result in an increase in the loading length of those vehicles or vehicle combinations, in order to ensure the compatibility of trailers and semi-trailers with the requirements for intermodal transport operations.

~~Amendment 36~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 10~~

~~Directive 96/53/EC~~

~~Article 10c – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

The maximum lengths laid down in point 1.1 of Annex I, subject where applicable to Article 9a(1) and 10b(2), and the maximum distance laid down in point 1.6 of Annex I, may be exceeded by 15 cm for vehicles or vehicle combinations engaged in the transport of 45-foot containers or 45-foot swap bodies, empty or loaded, provided that the road transport of the container or swap body in question is part of an intermodal transport operation.;

In the case of vehicles or vehicle combinations engaged in an intermodal transport operation, the maximum length laid down in point 1.1 of Annex I for an articulated vehicle, subject where applicable to Article 9a(1) and 10b(2), shall be of 18,00 m and the maximum distance laid down in point 1.6 of Annex I shall be of 13,50 m;

~~Amendment 37~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 12 a (new)~~

~~Directive 96/53/EC~~

~~Article 10 c a (new)~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(12a) the following Article 10ca is inserted :~~

~~Article 10ca~~

1. In order to increase road safety and to avoid a multiplicity of vehicle markings and signalling, a single EU label for the length of motor vehicles or vehicle combinations in circulation used in EMS operations or with dimensions deviating from those laid down in points 1.1, 1.2, 1.4 to 1.8, 4.2 and 4.4 of Annex I is hereby established.

2. Member States shall take the necessary measures to ensure that all motor vehicles or vehicle combinations referred to in paragraph 1 display the EU label clearly and visibly at the rear of their motor vehicle or vehicle combination.

3. By [1 year after the date of entry into force], the Commission shall adopt a delegated act in accordance with Article 10h to supplement this Directive by setting out the detailed standards, requirements and other provisions, for the labels and their issuing and display, favouring the use of pictograms over ~~text.~~text.’ [Am. 37]

~~Amendment 38~~

(11) Article 10d is amended as follows:

~~Proposal for a directive~~

(a) paragraphs 1 and 2 are replaced by the following:

~~Article 1 – paragraph 1 – point 13 – point a~~

‘1. Member States shall take specific measures to identifydetect vehicles or vehicle combinations in circulation that are likely to have exceededexceed the maximum authorised weight and that should therefore be checked by their competent authorities in order to ensure compliance with the requirements of this Directive, including compliance with the requirements of special permits. Those measures may be taken with the aid ofshall include establishing automatic systems set up on the road infrastructure, or by means of on-board weighing equipment installed in vehicles ensuring as a minimum a deployment in accordance with paragraph 4Regulation (EU) No 1315/2013*. Member States shall establish certified automatic systems along the core network in the trans-European road transport network defined in Regulation (EU) No 1315/2013.

~~Directive 96/53/EC~~

If a Member State chooses to set upIn addition to the use of automatic systems set up on the road infrastructure, it shall ensure as a minimum the deployment of such systems in the trans-European road transport network set out in Regulation (EU) 1315/2013*Member States may identify vehicles or vehicle combinations in circulation that are likely to have exceeded the maximum authorised weights by means of on-board weighing equipment installed in vehicles in accordance with paragraph 4 or by means of road-side checks.

~~Article 10d – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

1. Member States shall take specific measures to identify vehicles or vehicle combinations in circulation that are likely to have exceeded the maximum authorised weight and that should therefore be checked by their competent authorities in order to ensure compliance with the requirements of this Directive. Those measures may be taken with the aid of automatic systems set up on the road infrastructure, or by means of on-board weighing equipment installed in vehicles in accordance with paragraph 4.

1. Member States shall take specific measures to detect vehicles or vehicle combinations in circulation that exceed the maximum authorised weight in order to ensure compliance with the requirements of this Directive, including compliance with the requirements of special permits. Those measures shall include establishing automatic systems set up on the road infrastructure ensuring as a minimum a deployment in accordance with Regulation (EU) 1315/2013*. Member States shall establish certified automatic systems along the core network in the trans-European road transport network defined in Regulation (EU) 1315/2013.

If a Member State chooses to set up automatic systems on the road infrastructure, it shall ensure as a minimum the deployment of such systems in the trans-European road transport network set out in Regulation (EU) 1315/2013*.

In addition to the use of automatic systems set up on the road infrastructure, Member States may identify vehicles or vehicle combinations in circulation that are likely to have exceeded the maximum authorised weights by means of on-board weighing equipment installed in vehicles in accordance with paragraph 4 or by means of road-side checks.

~~A Member State shall not require on-board weighing equipment to be installed on vehicles or vehicle combinations which are registered in another Member State.~~

A Member State shall not require on-board weighing equipment to be installed on vehicles or vehicle combinations which are registered in another Member State.

Without prejudice to Union and national law, ~~where~~whereMember States may use the certified automatic systems are used to ~~establish~~establishto impose penalties in respect of infringements of this Directive and to impose penalties, ~~such~~such. Certified automatic systems shall be certified. Where automatic systems are used only for identification purposes, they need not be ~~certified.~~certifiedlinked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and are in possession of a special permit, as well as those that exceed the authorised weights permitted under the special permit. [Am. 38]

~~Without prejudice to Union and national law, Member States may use the certified automatic systems to impose penalties in respect of infringements of this Directive.~~

2. Each Member State shall carry out each calendar year at least six checks per one million vehicle-kilometres travelled by vehicles or vehicle combinations used for the transport of goods and falling within the scope of this Directive in its territory on the weights of those vehicles or vehicle combinations, irrespective of the country of registration of such vehicles or of the country where such vehicles were put into circulation. The compliance checks shall include an appropriate number of checks performed at night time.’;

Certified automatic systems shall be linked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and are in possession of a special permit, as well as those that exceed the authorised weights permitted under the special permit.

________

~~Amendment 39~~

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

~~Proposal for a directive~~

(b) in paragraph 5, the first subparagraph is replaced by the following:

~~Article 1 – paragraph 1 – point 14~~

‘5. The Commission shall adopt implementing acts, laying down detailed provisions ensuring uniform conditions for the implementation of the rules on interoperability and compatibility set out in paragraph 4.’;’

~~Directive 96/53/EC~~

(12) the following Article 10da is inserted:

~~Article 10d a~~

‘Article 10da

~~Text proposed by the Commission~~

~~Amendment~~

~~Article 10da~~

~~1. Member States may implement Intelligent Access Policy (IAP) schemes within their territories to regulate, monitor and ease the access by heavy-duty vehicles to specific roads or areas.~~

1. Member States may implement Intelligent Access Policy (IAP) schemes within their territories to regulate, monitor and ease the access by heavy-duty vehicles to specific roads or areas.

For the purposes of this Article, an ‘intelligent access policy’ shall mean a technical and functional framework to manage heavy-duty vehicle access to the road network, through the use of telematics, to ensure compliance with the applicable rules on weights and dimensions.

2. When a Member State implements IAP pursuant to paragraph 1, itStates shall ensure that their IAP schemes comply with Directive 2010/40/EU of the European Parliament and of the Council*. In particular, Member States shall ensure that data related to the IAP scheme and falling within the scope of Directive 2010/40/EU, including weight, length, width or height restrictions, are available in digital machine-readable format and made accessible via the National Access Points established under Delegated Regulation (EU) 2022/670**. Member States shall also ensure that the IAP scheme is linked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and/or dimensions and are in possession of a special permit.

2. When a Member State implements IAP pursuant to paragraph 1, it shall ensure that their IAP schemes comply with Directive 2010/40/EU of the European Parliament and of the Council*. In particular, Member States shall ensure that data related to the IAP scheme and falling within the scope of Directive 2010/40/EU, including weight, length, width or height restrictions, are available in digital machine-readable format and made accessible via the National Access Points established under Delegated Regulation (EU) 2022/670**.

3. When a Member State implementsimplementing IAP schemes pursuant to paragraph 1, itMember States shall:

2. Member States shall ensure that their IAP schemes comply with Directive 2010/40/EU of the European Parliament and of the Council*. In particular, Member States shall ensure that data related to the IAP scheme and falling within the scope of Directive 2010/40/EU, including weight, length, width or height restrictions, are available in digital machine-readable format and made accessible via the National Access Points established under Delegated Regulation (EU) 2022/670**. Member States shall also ensure that the IAP scheme is linked to the single national entry point for special permits or similar arrangement set out in Article 4a in order to be able to recognise vehicles or vehicle combinations which exceed the maximum authorised weights and/or dimensions and are in possession of a special permit.

~~3. When a Member State implements IAP schemes pursuant to paragraph 1, it shall:~~

~~3. When implementing IAP schemes pursuant to paragraph 1, Member States shall:~~

~~(a) define the criteria for granting access to heavy-duty vehicles, including but not limited to vehicle weight, length, technical specifications, and compliance with specific safety standards;~~

(a) define the criteria for granting access to heavy-duty vehicles, including but not limited to vehicle weight, length, height, technical specifications, and compliance with specific safety standards;

(b) favour the use of advanced intelligent transport systems to enhance safety and efficiency and reduce congestion in road transport operations affected by the IAP schemes;

~~(b) favour the use of advanced intelligent transport systems to enhance safety and efficiency and reduce congestion in road transport operations affected by the IAP schemes;~~

(c) establish a comprehensive information and communication system to inform operators of heavy-duty vehicles about the IAP scheme requirements, application procedures, and any updates or changes to the scheme;

(ca) refrain from discriminatory or disproportionate restrictions on the free movement of goods and services and from unduly impeding the proper functioning of the internal market.

4. The establishment of IAP schemes by a Member State shall not give rise to discriminatory or disproportionate restrictions on the free movement of goods and services and shall not unduly impede the smooth functioning of the internal market. [Am. 39]

~~Amendment 40~~

________

~~Proposal for a directive~~

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

~~Article 1 – paragraph 1 – point 14 a (new)~~

** Commission Delegated Regulation (EU) 2022/670 of 2 February 2022 supplementing Directive 2010/40/EU of the European Parliament and of the Council with regard to the provision of EU-wide real-time traffic information services (OJ L 122, 25.4.2022, p. 1).’

~~Directive 96/53/EC~~

(12a) In Article 10e, the following new paragraph is added:

~~Article 10e – paragraph 1 a (new)~~

‘Member States shall be encouraged to use the revenues generated from these penalties, or the equivalent in financial value of those revenues, to develop and support the market uptake of sustainable transport means, finance its infrastructure and smart enforcement systems, encourage intermodal transport operations, and increase the sustainability of cross-border transport operations.’ [Am. 40]

~~Text proposed by the Commission~~

(13) in Article 10f(1), point (a) is replaced by the following:

~~Amendment~~

‘(a) the shipper to give to the haulier to whom it entrusts the transport of a container or swap body a statement indicating the weight and the height of the container or swap body transported; and;’

~~(14a) In~~(14) Article ~~10e, the~~10g ~~following~~is ~~new~~replaced ~~paragraph~~by isthe ~~added:~~following:

Member States shall be encouraged to use the revenues generated from these penalties, or the equivalent in financial value of those revenues, to develop and support the market uptake of sustainable transport means, finance its infrastructure and smart enforcement systems, encourage intermodal transport operations, and increase the sustainability of cross-border transport operations.

‘Article 10g

~~Amendment 41~~

1. Every 2 years, and at the latest by 30 September of the year following the end of the 2-year period concerned, Member States shall send to the Commission the necessary information concerning:

~~Proposal for a directive~~

(a) the number of checks carried out in the previous 2 calendar years;

~~Article 1 – paragraph 1 – point 16~~

(b) the number of overloaded vehicles or vehicle combinations detected;

~~Directive 96/53/EC~~

(c) the number and location of automatic systems set up on the road infrastructure pursuant to Article 10d(1), and whether they are for identification purposes only or certified for direct enforcement; [Am. 41]

~~Article 10g – paragraph 1 – subparagraph 1 – point c~~

(d) the implementation and effectiveness of IAP schemes set up in accordance with Article 10da,;

~~Text proposed by the Commission~~

(e) the number of national permits issued for abnormal transport pursuant to Article 4(3) and their duration (one-off permits or long-term permits);

~~Amendment~~

(f) the results of the assessments carried out pursuant to Article 4(4a), point (d), and Article 4(5).

This information shall be disaggregated per year.

~~(c) the number and location of automatic systems set up on the road infrastructure pursuant to Article 10d(1) certified for direct enforcement;~~

2. The Commission shall analyse the information received pursuant to paragraph 1, and, on the basis of the information received, issue, where appropriate, recommendations to Member States. Where the Commission issues such recommendations, the Member State concerned shall, within 6 months of their issuance, inform the Commission of how it intends to implement these recommendations. The Commission shall present a report to the European Parliament and the Council on the implementationcompliance with requirements of this Directive, no later than 1312 months after receiving the information from all Member States. Such report shall include information on relevant developments in the fields in question. [Am. 42]

~~Amendment 42~~

3. The Commission, by means of implementing acts, shall establish a standard reporting form in electronic format to be used by Member States for submitting to the Commission the information referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10i(2).;’

~~Proposal for a directive~~

(15) In Article 10h, paragraph 2 isparagraphs 2, 3 and 5 are replaced by the following:

~~Article 1 – paragraph 1 – point 16~~

‘2. The power to adopt delegated acts referred to in Articles 4(5a) and 10b(1)Article 4(5a), Article 10b(1) and Article 10ca shall be conferred on the Commission for a period of 5 years from [PO please insert date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.; [Am. 43]

~~Directive 96/53/EC~~

3. The delegation of power referred to in Article 4(5a), Article 10b(1) and Article 10ca may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 44]

~~Article 10g – paragraph 2~~

5. A delegated act adopted pursuant to Articles 4(5a), 10b(1) and 10ca shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.’ [Am. 45]

~~Text proposed by the Commission~~

(16) In Article 10i, the following paragraph 4 is inserted:

~~Amendment~~

‘4. Where reference is made to this paragraph, Article 8 of Regulation (EU) 182/2011 shall apply.;’

2. The Commission shall analyse the information received pursuant to paragraph 1, and on the basis of the information received, present a report to the European Parliament and the Council on the implementation of this Directive, no later than 13 months after receiving the information from all Member States. Such report shall include information on relevant developments in the fields in question.

(17) Article 10j is deleted;replaced by the following:

2. The Commission shall analyse the information received pursuant to paragraph 1, and, on the basis of the information received, issue, where appropriate, recommendations to Member States. Where the Commission issues such recommendations, the Member State concerned shall, within 6 months of their issuance, inform the Commission of how it intends to implement these recommendations. The Commission shall present a report to the European Parliament and the Council on the compliance with requirements of this Directive, no later than 12 months after receiving the information from all Member States. Such report shall include information on relevant developments in the fields in question.

‘Article 10j

~~Amendment 43~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 17~~

~~Directive 96/53/EC~~

~~Article 10h – paragraph 2~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(17) in Article 10h, paragraph 2 is replaced by the following:~~

~~(17) In Article 10h, paragraphs 2, 3 and 5 are replaced by the following:~~

2. The power to adopt delegated acts referred to in Articles 4(5a) and 10b(1) shall be conferred on the Commission for a period of 5 years from [PO please insert date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.;

2. The power to adopt delegated acts referred to in Article 4(5a), Article 10b(1) and Article 10ca shall be conferred on the Commission for a period of 5 years from [PO please insert date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than 3 months before the end of each period.;

~~Amendment 44~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 17~~

~~Directive 96/53/EC~~

~~Article 10h – paragraph 3~~

~~Present text~~

~~Amendment~~

3. The delegation of power referred to in Article 10b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

~~(Directive 96/53/EC)~~

~~Amendment 45~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 17~~

~~Directive 96/53/EC~~

~~Article 10h – paragraph 5~~

~~Present text~~

~~Amendment~~

5. A delegated act adopted pursuant to Article 10b shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

~~(Directive 96/53/EC)~~

~~Amendment 46~~

~~Proposal for a directive~~

~~Article 1 – paragraph 1 – point 19~~

~~Directive 96/53/EC~~

~~Article 10j~~

~~Text proposed by the Commission~~

~~Amendment~~

~~(19) Article 10j is deleted;~~

~~(19) Article 10j is replaced by the following:~~

~~Article 10j~~

By 2027, and every 4 years thereafter, the Commission shall present a report to the European Parliament and to the Council, on the application of this Directive. The report shall contain a detailed assessment of the evolution of national and international road transport, including specific characteristics of certain market segments and the impact of that evolution on road safety, the road infrastructure, the functioning of the road transport internal market, the competitiveness of the sector, connectivity, and modal shift. The report may incorporate elements from the report referred to in Article 10g(2). In particular, in this report the Commission shall analyse whether the necessary enabling conditions for the market uptake of zero-emission heavy-duty vehicles in the Union, are satisfactorily met for the date referred to in paragraph 3 of Art 4b. In particular, this report shall assess, among others, the following enabling conditions: the amount of registrations of zero-emission heavy-duty vehicles in Member States, the availability and capacity of appropriate alternative fuels infrastructure and the impact of the European emission trading system on road transport as well as road user charges differentiated by CO2 emissions in Member States. In addition, this analysis shall assess the enabling conditions for the market uptake of zero-emission vehicles or vehicle combinations of European Modular Systems engaged in international traffic in those Member States allowing their circulation in their territories.

As part of this report, the Commission shall also assess the effectiveness and impact of this Directive, the extent to which the implementation of this Directive has met its objectives and its interaction and compatibility with other relevant Union legislation.

On the basis of the findings in these assessments above, the report shall, where appropriate, be accompanied by a legislative proposal to amend this ~~Directive.~~Directive.’ [Am. 46]

~~Amendment 47~~

(18) the following Article 10k is inserted:

~~Proposal for a directive~~

‘Article 10k

~~Article 1 – paragraph 1 – point 20~~

In case of a crisis, where the public interest requires it, and provided that road safety is not thereby jeopardised, Members States may grant temporary exceptions from the application of the weights and dimensions limits set out in Annex I for vehicles used in national traffic, for a period not exceeding two months. This period may be renewed only where the crisis persists. [Am. 47]

~~Directive 96/53/EC~~

Any such exception shall be duly reasoned and notified immediately to the Commission. The Commission shall immediately publish the information on the granted exception on its official website and on the dedicated European web portal referred to in Article 4a(1a). [Am. 48]

~~Article 10k – paragraph 1~~

Where a crisis affects several Member States, the Commission may adopt implementing acts in order to establish temporary exceptions from the application of the weights and dimensions limits set out in Annex I for vehicles used in international traffic between affected Member States. The period of such exception may not exceed six months, and may be renewed only where the crisis persists. Such implementing acts shall be adopted in accordance with the procedure referred to in Article 10i(4).

~~Text proposed by the Commission~~

For the purposes of this Article, a crisis means an exceptional, unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, with significant direct or indirect impacts on the area of road transport or the economy or welfare, including safety, of the Union citizens, where the normal functioning of society is significantly disrupted, and where the public interest requires urgent action to be taken.;’ [Am. 49]

~~Amendment~~

(19) Annex I is replaced by the Annex to this Directive;

(20) in Annex III, the words ‘Directive 76/114/EEC’ are replaced by the words ‘Annex II to Commission Implementing Regulation (EU) 2021/535’.

Article 2 Amendments to Regulation (EU) 2020/1056

~~Amendment 48~~

In Article 2(1), point (a), of Regulation (EU) 2020/1056, the following point (vi) is inserted:

~~Proposal for a directive~~

‘(vi) Article 6(7) of Council Directive 96/53/EC*;’

~~Article 1 – paragraph 1 – point 20~~

________

~~Directive 96/53/EC~~

* Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59).’

~~Article 10k – paragraph 2~~

Article 3 Transposition

~~Text proposed by the Commission~~

1. Member States shall adopt and publish, by [date-of-adoption+2 years1 year] 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. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made. [Am. 50]

~~Amendment~~

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.

~~Any such exception shall be duly reasoned and notified immediately to the Commission. The Commission shall immediately publish the information on the granted exception on its official website.~~

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.

~~Amendment 49~~

Article 5 Addressees

~~Proposal for a directive~~

This Directive is addressed to the Member States.

~~Article 1 – paragraph 1 – point 20~~

Done at …,

~~Directive 96/53/EC~~

For the European Parliament For the Council

~~Article 10k –paragraph 4~~

The President The President

~~Text proposed by the Commission~~

Annex

~~Amendment~~

MAXIMUM WEIGHTS AND DIMENSIONS AND RELATED CHARACTERISTICS OF VEHICLES

For the purposes of this Article, a crisis means an exceptional, unexpected and sudden, natural or man-made event of extraordinary nature and scale that takes place inside or outside of the Union, with significant direct or indirect impacts on the area of road transport or the economy or welfare of the Union citizens, where the normal functioning of society is significantly disrupted, and where the public interest requires urgent action to be taken.;

~~Amendment 50~~

~~Proposal for a directive~~

~~Article 3 – paragraph 1~~

~~Text proposed by the Commission~~

~~Amendment~~

1. Member States shall adopt and publish, by [date-of-adoption+2 years] 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. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

1. Member States shall adopt and publish, by [date-of-adoption+1 year] 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. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

~~Amendment 51~~

~~Proposal for a directive~~

~~Annex I – table~~

~~Text proposed by the Commission~~

~~1. Maximum authorised dimensions for the vehicles referred to in Article 1(1), point (a)~~

~~1.1 Maximum length~~

~~— motor vehicle other than a bus~~

~~12,00 m~~

~~— trailer~~

~~12,00 m~~

~~— articulated vehicle~~

~~16,50 m~~

~~— road train~~

~~18,75 m~~

~~— articulated bus~~

~~18,75 m~~

~~— bus with two axles~~

~~13,50 m~~

~~— bus with more than two axles~~

~~15,00 m~~

~~— bus + trailer~~

~~18,75 m~~

~~1.2 Maximum width:~~

~~(a) all vehicles except vehicles referred to in point (b)~~

~~2,55 m~~

~~(b) superstructures of conditioned vehicles or conditioned containers or swap bodies transported by vehicles~~

~~2,60 m~~

~~1.3 Maximum height~~

~~— any vehicle~~

~~4,00 m~~

~~— vehicles or vehicle combinations carrying in intermodal transport one or more containers with a standard external height of 9’ 6’’ (high-cube containers)~~

~~4,30 m~~

~~1.4 Removable superstructures and standardised freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4.~~

~~1.4a If any removable attachments such as ski-boxes are fitted to a bus, its length, including the attachments, must not exceed the maximum length laid down in point 1.1.~~

~~1.5 Any motor vehicle or vehicle combination which is in motion must be able to turn within a swept circle having an outer radius of 12,50 m and an inner radius of 5,30 m~~

~~1.5a Additional requirements for buses~~

With the vehicle stationary, a vertical plane tangential to the side of the vehicle and facing outwards from the circle shall be established by marking a line on the ground. In the case of an articulated vehicle, the two rigid portions shall be aligned with the plane.

~~When the vehicle moves from a straight line approach into the circular area described in point 1.5, no part of it shall move outside of that vertical plane by more than 0,60 m~~

~~1.6 Maximum distance between the axis of the fifth-wheel king pin and the rear of a semi-trailer.~~

~~12,00 m~~

1.7 Maximum distance measured parallel to the longitudinal axis of the road train from the foremost external point of the loading area behind the cabin to the rearmost external point of the trailer of the combination, minus the distance between the rear of the drawing vehicle and the front of the trailer.

~~15,65 m~~

1.8 Maximum distance measured parallel to the longitudinal axis of the road train from the foremost external point of the loading area behind the cabin to the rearmost external point of the trailer of the combination.

~~16,40 m~~

~~2. Maximum authorised vehicle weight~~

~~2.1 Vehicles forming part of a vehicle combination~~

~~2.1.1~~

~~Two-axle trailer~~

~~18 tonnes~~

~~2.1.2~~

~~Three-axle trailer~~

~~24 tonnes~~

~~2.2 Vehicle combinations~~

~~2.2.1~~

~~Road trains with five or six axles~~

~~(a) two-axle motor vehicle with three-axle trailer~~

~~40 tonnes~~

~~(b) three-axle motor vehicle with two or three-axle trailer~~

~~40 tonnes~~

~~2.2.2~~

~~Articulated vehicles with five or six axles~~

~~(a)~~

~~two-axle motor vehicle with three-axle semi-trailer~~

~~40 tonnes~~

~~(b)~~

~~three-axle motor vehicle with two or three-axle semi-trailer~~

~~40 tonnes~~

~~(c)~~

~~two-axle motor vehicle with three-axle semi-trailer involved in intermodal transport operations~~

~~42 tonnes~~

~~(d)~~

~~three-axle motor vehicle with two- or three-axle semi-trailer involved in intermodal transport operations~~

~~44 tonnes~~

~~2.2.3~~

~~Road trains with four axles consisting of a two-axle motor vehicle and a two-axle trailer~~

~~36 tonnes~~

~~2.2.4~~

~~Articulated vehicles with four axles consisting of a two-axle motor vehicle and a two-axle semi-trailer, if the distance between the axles of the semi-trailer:~~

~~2.2.4.1~~

~~is 1,3 m or greater but not more than 1,8 m~~

~~36 tonnes~~

~~2.2.4.2~~

~~is greater than 1,8 m~~

~~36 tonnes~~

In case the maximum authorised weight (MAW) of the motor vehicle (18 tonnes) and the MAW of the tandem axle of the semi-trailer (20 tonnes) are respected and the driving axle is fitted with twin tyres and air suspension or suspension recognised as being equivalent within the Union as defined in Annex II the maximum authorised weight provided for in point 2.2.4.2 shall be increased by 2 tonnes.

In the case of vehicle combinations including alternatively fuelled vehicles other than zero-emission vehicles, the maximum authorised weights provided for in Sub-section 2.2 shall be increased by the additional weight of the alternative fuel technology with a maximum of 1 tonne.

~~In the case of vehicle combinations including zero-emission vehicles the maximum authorised weights provided for in Sub-section 2.2.1 and 2.2.2 shall be increased by 4 tonnes.~~

~~In the case of vehicle combinations including zero-emission vehicles the maximum authorised weights provided for in in Sub-section 2.2.3 and 2.2.4 shall be increased by 2 tonnes.~~

~~2.3 Motor vehicles~~

~~2.3.1~~

~~Two-axle motor vehicles other than buses:~~

~~18 tonnes~~

~~2.3.2~~

~~two-axle buses:~~

~~19,5 tonnes~~

~~2.3.3~~

~~Three-axle motor vehicles:~~

~~25 tonnes~~

~~2.3.4~~

Three-axle motor vehicles where the driving axle is fitted with twin tyres and air suspension or suspension recognised as being equivalent within the Union as defined in Annex II, or where each driving axle is fitted with twin tyres and the maximum weight of each axle does not exceed 9,5 tonnes.

~~26 tonnes~~

~~2.3.5~~

Four-axle motor vehicles with two steering axles where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Union as defined in Annex II, or where each driving axle is fitted with twin tyres and the maximum weight of each axle does not exceed 9,5 tonnes

~~32 tonnes~~

~~2.3.6~~

Five-axle motor vehicles with two steering axles where the driving axle is fitted with twin tyres and air suspension or suspension recognized as being equivalent within the Union as defined in Annex II, or where each driving axle is fitted with twin tyres and the maximum weight of each axle does not exceed 9,5 tonnes.

~~40 tonnes~~

In the case of alternatively fuelled vehicles other than zero-emission vehicles, the maximum authorised weights provided for in points 2.3.1, 2.3.3 and 2.3.4 of Sub-section 2.3 shall be increased by the additional weight of the alternative fuel technology with a maximum of 1 tonne.

~~In the case of zero-emission vehicles, the maximum authorised weights provided for in Sub-section 2.3 shall be increased by 2 tonnes.~~

~~2.4 Three-axle articulated buses~~

~~28 tonnes~~

In the case of alternatively fuelled vehicles other than zero-emission vehicles, the maximum authorised weight of 28 tonnes provided for in Sub-section 2.4 is increased by the additional weight required for the alternative fuel technology with a maximum of 1 tonne.

~~In the case of zero-emission vehicles the maximum authorised weight of 28 tonnes provided for in Sub-section 2.4 is increased by 2 tonnes~~

~~3 Maximum authorised axle weight of the vehicles referred to in Article 1 (1), point (b)~~

~~3.1 Single axles~~

~~Single non-driving axle~~

~~10 tonnes~~

~~3.2 Tandem axles of trailers and semi-trailers~~

~~The sum of the axle weights per tandem axle must not exceed, if the distance (d) between the axles is:~~

~~3.2.1~~

~~less than 1 m (d < 1,0)~~

~~11 tonnes~~

~~3.2.2~~

~~between 1,0 m and less than 1,3 m (1,0 ≤ d < 1,3)~~

~~16 tonnes~~

~~3.2.3~~

~~between 1,3 m and less than 1,8 m (1,3 ≤ d < 1,8)~~

~~18 tonnes~~

~~3.2.4~~

~~1,8 m or more (1,8 ≤ d)~~

~~20 tonnes~~

~~3.3 Tri-axles of trailers and semi-trailers~~

~~The sum of the axle weights per tri-axle must not exceed, if the distance (d) between the axles is:~~

~~3.3.1~~

~~1,3 m or less (d ≤ 1,3)~~

~~21 tonnes~~

~~3.3.2~~

~~over 1,3 m and up to 1,4 m (1,3 <d ≤ 1,4)~~

~~24 tonnes~~

~~3.4 Driving axle~~

~~3.4.1~~

~~Driving axle of the vehicles referred to in points 2.2, 2.3 and 2.4 other than zero-emission vehicles~~

~~11,5 tonnes~~

~~3.4.2~~

~~Driving axle of zero-emission vehicles referred to in points 2.2.1 and 2.2.2~~

~~12.5 tonnes~~

~~3.4.3~~

~~Zero-emission two-axle buses~~

~~12.5 tonnes~~

~~3.5 Tandem axles of motor vehicles~~

~~The sum of the axle weights per tandem axle must not exceed, if the distance (d) between the axles is:~~

~~3.5.1~~

~~less than 1 m (d < 1,0)~~

~~11,5 tonnes~~

~~3.5.2~~

~~1,0 m or greater but less than 1,3 m (1,0 ≤ d < 1,3)~~

~~16 tonnes~~

~~3.5.3~~

~~1,3 m or greater but less than 1,8 m (1,3 ≤ d < 1,8)~~

~~18 tonnes~~

Where the driving axle is fitted with twin tyres and air suspension or suspension recognised as being equivalent within the Union as defined in Annex II, or where each driving axle is fitted with twin tyres and where the maximum weight for each axle does not exceed 9,5 tonnes

~~19 tonnes~~

~~4. Related characteristics of the vehicles referred to in Article 1(1), point (b)~~

~~4.1 All vehicles~~

The weight borne by the driving axle or driving axles of a vehicle or vehicle combination must not be less than 25 % of the total laden weight of the vehicle or vehicle combination, when used in international traffic

~~4.2 Road trains~~

~~The distance between the rear axle of a motor vehicle and the front axle of a trailer must not be less than 3,00 m~~

~~4.3 Maximum authorised weight depending on the wheelbase~~

~~The maximum authorised weight in tonnes of a four-axle motor vehicle may not exceed five times the distance in metres between the axles of the foremost and rearmost axles of the vehicle~~

~~4.4 Semi-trailers~~

~~The distance measured horizontally between the axis of the fifth-wheel king pin and any point at the front of the semi-trailer must not exceed 2,04 m~~

~~Amendment~~

1. Maximum authorised dimensions for the vehicles referred to in Article 1(1), point (a)

two-axle motor vehicle with three-axle semi-trailer involved in intermodal transport operations

444244 tonnes

(d)

32 tonnes

In the case of alternatively fuelled motor vehicles other than zero-emission motor vehicles, the maximum authorised ~~weights~~weight of 28 tonnesweights provided for in ~~Sub-sections~~Sub-sectionSub-sections 2.4 ~~and~~isand 2.5 are increased by the additional weight required for the alternative fuel technology with a maximum of 1 tonne.

In the case of zero-emission motor vehicles the maximum authorised ~~weights~~weight of 28 tonnesweights provided for in ~~Sub-sections~~Sub-sectionSub-sections 2.4 ~~and~~isand 2.5 are increased by 2 ~~tonnes.~~tonnes

33. Maximum authorised axle weight of the vehicles referred to in Article 1 (1), point (b)

3.1 Single axles

3.3.2

over 1,3 m and up to 1,4 m (1,3 ~~<d ≤ 1,4)~~

24 tonnes

4.4 Semi-trailers

The distance measured horizontally between the axis of the fifth-wheel king pin and any point at the front of the semi-trailer must not exceed 2,04 m [Am. 51]

~~EXPLANATORY STATEMENT~~

~~Introduction~~

The Weights and Dimensions Directive, originally adopted in 1996 and subsequently amended in 2002 and most recently in 2015, sets out the maximum permitted weights and dimensions of commercial heavy-duty vehicles (carrying goods or passengers) that can circulate in the Union, while allowing for national derogations to take account of the specific national context. These common standards aim to ensure that heavy duty vehicles (HDVs) do not exceed limits that can compromise road safety, infrastructure and the environment. The common rules also aim to facilitate cross-border transport and ensure that road transport operators can compete on equal footing in the internal market in terms of the loading capacity of their vehicles. Last but not least, the Directive strives to foster the efficiency of transport operations and thereby reduce the greenhouse gas (GHG) emissions from those operations.

However, a recent evaluation of the Directive shows important shortcomings. In the first place, the national derogations allowing the circulation of vehicles with other dimensions have resulted in a patchwork of diverging rules, hindering seamless cross-border transport in the EU, fragmenting the internal market and leading to loss of operational efficiency. Secondly, the mix of EU and national requirements, as well as bilateral arrangements, coupled with legal uncertainties, has led to ineffective and inconsistent enforcement of the rules, especially concerning cross-border transport, resulting in an uneven level playing field for transport operators. Furthermore, the Directive has hitherto under-performed on its decarbonisation aspects, providing insufficient incentives to improve the energy efficiency of road transport operations and to reduce GHG emissions. The failure to provide the necessary requirements in terms of additional weight and volume for new zero-emission technologies has contributed to the current limited uptake of zero-emission vehicles and impeded any meaningful contribution to the achievement of the European Green Deal objective of reducing the transport sector’s GHG emissions by 90% by 2050. Finally, the Directive does not sufficiently support intermodal transport neither does it appropriately encourage modal cooperation.

~~The Commission proposal~~

~~The Commission proposal aims at tackling these shortcomings, by focussing on three main pillars:~~

1) Enhance the sustainability of freight transport by removing regulatory and technical barriers and providing stronger incentives for the uptake of the zero-emission technologies and energy saving devices in the HDVs sector, as well as by ensuring intermodal compatibility and thereby facilitating and incentivising intermodal operations. More specifically, the proposal increases the maximum allowed (axle) weight for zero-emission and alternatively fuelled vehicles and the maximum allowed length of zero-emission vehicles. Furthermore, it supports intermodal transport by allowing intermodal operations additional maximum weight and height and by requiring high capacity vehicles to use standard units that are compatible with other modes;

2) Improve the functioning of the internal market and creating a level playing field by clarifying, and where possible harmonising, the rules on the use of longer and/or heavier HDVs in cross-border operations, while still catering for the necessary flexibility for Member States to set national rules in order to take into account differences in terms of geography, transport network density and spatial economic structure, among others. More specifically, the proposal introduces the possibility for Member States to allow, under specific conditions, the circulation of European Modular Systems (EMS), which are high capacity vehicles. Currently, nine Member States allow for the use of EMS in their territories and cross-border operations are conditioned to bilateral agreements but this is done in a fragmented way and without harmonised conditions. The proposal aims to clarify the conditions - with regards to road safety, fair competition and modal compatibility - for the use of these high-capacity vehicles for those Member States that wish to make use of them.

3) Make enforcement more effective and efficient in order to ensure a fair level playing field and increase road safety. More specifically, the proposal sets a mandatory minimum level of controls by Member States and aims to incorporate more elements of “smart enforcement” by encouraging Member States to use more Weight-in-Motion and Intelligent Access Policies technologies and by simplying checks on intermodal transport operations by making use of the exisitng Electronic Freight Transport Information Regulation.

~~The Rapporteur’s position~~

Your Rapporteur welcomes the Commission proposal. It forms part of the “Greening freight” package that aims to make freight transport more sustainable by improving the operational and energy efficiency of the transport sector, encouraging the uptake of zero-emission vehicles and promoting intermodal transport.

The road transport sector clearly brings substantial economic and social benefits in the EU. However, we should also recognise and reduce its negative impacts on the environment, infrastructure and road safety. Road transport leads to air pollution, greenhouse gas emissions and noise. Too much road traffic can generate congestion and increase the wear and tear of infrastructure. It can also lead to accidents and injuries. For example, it is estimated that HDVs were involved in road accidents causing around 3.000 out of the 22.800 fatalities on the EU roads in 2019 (i.e. approximately 13% of the total).

We should also keep in mind that the road sector is composed mainly of SMEs and is characterised by high competition and low profit margin. Furthermore, the EU is currently facing a systemic scarcity of professional drivers. Consequently, it is of the highest importance that the EU provides for a fair level playing field, for clear, harmonised, understandable and transparent rules, for targeted incentives to make the fleet more sustainable without reducing payload, for strict enforcement of the rules, for putting road safety on top of the priorities and for allowing, where possible and desirable, to make use of high-capacity vehicles.

With the above objectives in mind, your Rapporteur believes that the Commission proposal is a step in the right direction compared with the current situation. The evaluation of the current Directive clearly showed that it contains provisions that are open to interpretation or lack specificity in certain areas, and that it does entail an ample scope for national derogations. This led to inconsistent application across Member States, resulting in a fragmentation of the market, legal uncertainty, operational inefficiencies and an unlevel playing field. Furthemore, the ambiguity in the provisions created challenges for enforcement authorities, while diverging levels of enforcement have further exacerbated non-compliance and undermined the harmonization objectives.

Moreover, the current Directive proved ineffective in boosting the uptake of alternatively fuelled and zero-emission vehicles and the use of energy saving technologies and aerodynamic devices. It also was only partially effective in promoting intermodal transport. The current uptake of zero-emission vehicles in the truck fleet is very limited. To reach the same range as a diesel vehicle, zero-emission vehicles typically need a higher mass (battery electric trucks) or volume (fuel cell electric trucks). It is crucial, notably for SMEs, that the shift towards more sustainable vehicles is not negatively affected by a reduced payload. On the other hand, this additional weight should not compromise the maximum turning circle limits and should not become a risk for road safety.

For your Rapporteur it is clear that if the Union is serious about reducing GHG emissions from transport by 90% in 2050, road transport operations will have to become more efficient and significantly less emitting, and in parallel it is necessary to boost the modal share of more sustainable transport alternatives. This means that zero-emission vehicles must become the backbone of road transport if the sector is to reach its decarbonisation objectives. Also intermodal or combined transport is an important component in the transition towards a more sustainable heavy-duty road transport sector and for the transport system as a whole. This proposal will accelerate both these trends, but more is needed. That is why your Rapporteur proposes that by 2032, cross-border operations of 44tonne HDVs shall only be permitted by zero-emission vehicles. This will create a strong incentive to increase the market uptake of these vehicles and, by that point in time, a solid network of publicly accessible alternative fuels infrastructure will have been deployed, enabling the seamless circulation of zero-emission HDVs across the Union.

In parallel to the transition to a zero-emission transport system, we also need to ensure that the same load can be transported with less vehicles, less trips and less emissions. This could also help with the current lack of drivers. The Commission’s Impact Assessment shows that those Member States that have experience with high-capacity vehicles (European Modular Systems), have had positive results in terms of less accidents whereas no reverse modal shift has occurred from rail and/or waterborne modes of transport to road. Your Rapporteur proposes to strengthen the governance framework applying to EMS, with an ex-ante assessment considering the impacts on road safety, road infrastructure, modal cooperation and the environment. It is also proposed that Member States establish qualification requirements for the drivers of EMS, while ensuring proportionality, non-discrimination and mutual recognition between Member States. Finally, a dedicated EU web portal shall provide the public with clear and accessible information about the actual roads where these vehicles are allowed to circulate and about the national maximum authorised dimensions and weights of vehicles in Member States.

Your Rapporteur is convinced that the Union must further reduce road fatalities involving HDVs so that more European lives can be saved. Therefore, a single EU label shall clearly indicate the length of all the vehicles or vehicle combinations of this Directive in order to help other road users to identify and familiarise themselves with these vehicles and reduce any possible risks caused by visibility restrictions or blind spots, for example when overtaking.

As concerns enforcement, your Rapporteur sees room for improving the proposal. Therefore, it is proposed to make obligatory for Member States to instal certified weight in motion systems as well as to implement Intelligent Access Points. Member States should make use of the revenues generated from the penalties applicable to the infringements of this Directive to support the uptake of sustainable transport means, encourage intermodality and increase the sustainability of cross-border transport operations.

~~ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT~~

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

~~Entity and/or person~~

~~Transport & Environment~~

~~IVECO~~

~~CER - Community of European Railway and Infrastructure Companies~~

~~ECG - The Association of European Vehicle Logistics~~

~~AVERE - The Association for Electromobility~~

~~ASTIC - Asociación del Transporte Internacional por Carretera~~

~~UIRR - International Union for Road-Rail Combined Transport~~

~~ETSC - European Transport Safety Council~~

~~Sesé~~

~~Renfe~~

~~SNCF~~

~~Ferrovie Dello Stato Italiane~~

~~Iryo~~

~~UNIFE~~

~~Tesla~~

~~Nordic Logistic Association~~

~~Union for Road Rail Transport~~

~~FinMobility~~

~~FI Forest Industries~~

~~IRU - The International Road Transport Union~~

~~UETR - Union Européenne des Transporteurs Routier~~

~~Euroexpress~~

~~DHL~~

~~CLECAT~~

~~Hydrogen Europe~~

~~Volvo~~

~~ACEA - The European Automobile Manufacturers' Association~~

~~ANFAC - Asociación Española de Fabricantes de Automóviles y Camiones~~

~~CLEPA - European Association of Automotive Suppliers~~

~~Glass for Europe~~

~~ESTA - EUROPEAN ASSOCIATION OF ABNORMAL TRANSPORT AND MOBILE CRANES~~

~~UIP - INTERNATIONAL UNION OF WAGON KEEPERS~~

~~European Clean Trucking Alliance~~

~~TRANE technologies~~

~~Ministry of Transport and Communications of Finland~~

~~Ministry of Transport, Mobility and Urban Agenda of Spain~~

~~DG MOVE~~

~~The list above is drawn up under the exclusive responsibility of the rapporteur.~~

~~PROCEDURE – COMMITTEE RESPONSIBLE~~

~~Title~~

Amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

~~References~~

~~COM(2023)0445 – C9-0306/2023 – 2023/0265(COD)~~

~~Date submitted to Parliament~~

~~12.7.2023~~

~~Committee responsible~~

~~Date announced in plenary~~

~~TRAN~~

~~14.9.2023~~

~~Committees asked for opinions~~

~~Date announced in plenary~~

~~ENVI~~

~~14.9.2023~~

~~IMCO~~

~~14.9.2023~~

~~Not delivering opinions~~

~~Date of decision~~

~~ENVI~~

~~12.10.2023~~

~~IMCO~~

~~19.9.2023~~

~~Rapporteurs~~

~~Date appointed~~

~~Isabel García Muñoz~~

~~5.9.2023~~

~~Discussed in committee~~

~~9.10.2023~~

~~16.11.2023~~

~~Date adopted~~

~~14.2.2024~~

~~Result of final vote~~

–:

~~Members present for the final vote~~

Magdalena Adamowicz, Izaskun Bilbao Barandica, Karolin Braunsberger-Reinhold, Marco Campomenosi, Ciarán Cuffe, Jakop G. Dalunde, Karima Delli, Mario Furore, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Elena Kountoura, Bogusław Liberadzki, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Caroline Nagtegaal, Philippe Olivier, Rovana Plumb, Bergur Løkke Rasmussen, Dominique Riquet, Massimiliano Salini, Barbara Thaler, Achille Variati, Henna Virkkunen, Petar Vitanov

~~Substitutes present for the final vote~~

~~Pablo Arias Echeverría, Sara Cerdas, Markus Ferber, Roman Haider, Ondřej Kovařík, César Luena, Ljudmila Novak, Inma Rodríguez-Piñero~~

~~Substitutes under Rule 209(7) present for the final vote~~

~~Alicia Homs Ginel, Moritz Körner, Hannah Neumann, Francesca Peppucci~~

~~Date tabled~~

~~21.2.2024~~

~~FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE~~

~~Key to symbols:~~