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To · 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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~~ORDINARY LEGISLATIVE procedure~~

PR_COD_1amCom

~~(First reading without prior interinstitutional negotiations)~~

Symbols for procedures

Follow up to the 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

* Consultation procedure

~~1. Rapporteur: Isabel GARCÍA MUÑOZ (S&D / ES)~~

*** Consent procedure

~~2. Reference numbers: 2023/0265 (COD) / A9-0047/2024 / P9_TA(2024)0126~~

***I Ordinary legislative procedure (first reading)

~~3. Date of adoption of the resolution: 12 March 2024~~

***II Ordinary legislative procedure (second reading)

~~4. Legal basis: Article 91(1) of the Treaty on the Functioning of the European Union~~

***III Ordinary legislative procedure (third reading)

~~5. Competent Parliamentary Committee: Committee on Transport and Tourism (TRAN)~~

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

~~6. Commission's position: takes note of the amendments proposed by the European Parliament, while reserving its detailed position on these until the opening of interinstitutional negotiations.~~

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 the Commission proposal to Parliament and the Council (COM(2023)0445),

– having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90306/2023),

– 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 […]

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on Transport and Tourism (A9-0047/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

Amendment 1

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

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

(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.

Amendment 2

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(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.

Amendment 3

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

(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

Amendment 4

Proposal for a directive

Recital 8

Text proposed by the Commission

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.

Amendment 5

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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.

Amendment 6

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

(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.

Amendment 7

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

(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.

Amendment 8

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(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].

Amendment 9

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(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.

(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.

Amendment 10

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(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.

(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.

Amendment 11

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(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.

Amendment 12

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(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.

Amendment 13

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission

Amendment

(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.

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

(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.

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.

(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 these containers.

Amendment 19

Proposal for a directive

Recital 19 a (new)

Text proposed by the Commission

Amendment

(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;

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, and provided that road safety is not thereby jeopardised.

(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

(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.

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.

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:

(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.

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;

(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 set a monitoring system and assess the 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.

(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 inform the Commission in case they allow the circulation in their territories of European Modular Systems.;

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.

Amendment 27

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point d

Directive 96/53/EC

Article 4 – paragraph 5 – subparagraph 1

Text proposed by the Commission

Amendment

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.

Amendment 28

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point e

Directive 96/53/EC

Article 4 – paragraph 5a

Text proposed by the Commission

Amendment

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.;

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.;

Amendment 29

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 96/53/EC

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

Text proposed by the Commission

Amendment

(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.

Amendment 30

Proposal for a directive

Article 1 – paragraph 1 – point 4

Directive 96/53/EC

Article 4a – paragraph 1 a (new)

Text proposed by the Commission

Amendment

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.

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 dimensions, only to checks where there is a suspicion of non-compliance with this Directive.

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

(Directive 96/53/EC)

Amendment 33

Proposal for a directive

Article 1 – paragraph 1 – point 7

Directive 96/53/EC

Article 8c

Text proposed by the Commission

Amendment

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 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 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.;

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.;

Amendment 34

Proposal for a directive

Article 1 – paragraph 1 – point 8 – point a

Directive 96/53/EC

Article 9a – paragraph 1

Text proposed by the Commission

Amendment

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.

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, 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.

Amendment 35

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive 96/53/EC

Article 10b – paragraph 2 – subparagraph 1

Text proposed by the Commission

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.

Amendment 38

Proposal for a directive

Article 1 – paragraph 1 – point 13 – point a

Directive 96/53/EC

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.

Without prejudice to Union and national law, where automatic systems are used to establish infringements of this Directive and to impose penalties, such automatic systems shall be certified. Where automatic systems are used only for identification purposes, they need not be certified.

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.

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

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive 96/53/EC

Article 10d a

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.

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, 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**.

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;

(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.

Amendment 40

Proposal for a directive

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

Directive 96/53/EC

Article 10e – paragraph 1 a (new)

Text proposed by the Commission

Amendment

(14a) In Article 10e, the following new paragraph is added:

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.

Amendment 41

Proposal for a directive

Article 1 – paragraph 1 – point 16

Directive 96/53/EC

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

Text proposed by the Commission

Amendment

(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;

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

Amendment 42

Proposal for a directive

Article 1 – paragraph 1 – point 16

Directive 96/53/EC

Article 10g – paragraph 2

Text proposed by the Commission

Amendment

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.

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.

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.

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."

(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.

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."

(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.

In addition, the report shall analyse the use of the Intelligent Access Policy (IAP) schemes in regards to enforcement, taking into account their availability and cost-efficiency. Furthermore, the report shall inform on technological advancements in the area of road transport which are relevant, including with regards to new technologies or new concepts and aerodynamic devices, as well as trailers or semi-trailers with zero-emission technology.

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.

Amendment 47

Proposal for a directive

Article 1 – paragraph 1 – point 20

Directive 96/53/EC

Article 10k – paragraph 1

Text proposed by the Commission

Amendment

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.

Amendment 48

Proposal for a directive

Article 1 – paragraph 1 – point 20

Directive 96/53/EC

Article 10k – paragraph 2

Text proposed by the Commission

Amendment

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.

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).

Amendment 49

Proposal for a directive

Article 1 – paragraph 1 – point 20

Directive 96/53/EC

Article 10k –paragraph 4

Text proposed by the Commission

Amendment

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.;

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.;

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

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)

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 with three axles

18,75 m

— articulated bus with four axles

21,00 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

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

15,65 m

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

44 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 the case of vehicle combinations including alternatively fuelled motor vehicles other than zero-emission motor 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 motor 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 motor vehicles the maximum authorised weights provided for in in Sub-section 2.2.3 and 2.2.4 shall be increased by 2 tonnes.

In the case of vehicle combinations including trailers or semi-trailers with zero-emission technology the maximum authorised weights provided for in Sub-section 2.2.1, 2.2.2, 2.2.3 and 2.2.4 shall be increased by 2 tonnes.

When more than one of the increases for vehicle combinations set out above apply to a single vehicle combination, those increases shall apply cumulatively.

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

26 tonnes

2.3.5

32 tonnes

2.3.6

40 tonnes

In the case of alternatively fuelled motor vehicles other than zero-emission motor 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 motor 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

2.5 Four-axle articulated buses

32 tonnes

In the case of alternatively fuelled motor vehicles other than zero-emission motor vehicles, the maximum authorised weights provided for in Sub-sections 2.4 and 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 provided for in Sub-sections 2.4 and 2.5 are 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

3.4.4

Zero-emission three-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. In case of zero-emission motor vehicles, the maximum sum of the axle weights per tandem axle shall be increased by 1 tonne.

19 tonnes

3.6 Tri-axles of motor vehicles

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

3.6.1

less than 1,3 m (d < 1,3)

21 tonnes

3.6.2

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

24 tonnes

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

4.1 All vehicles

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 or five-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

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

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