(1)

Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Communication on the “European Green Deal”, adopted by the Commission on 11 December 2019 (10) . The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens.

(1)

Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC), are at the core of the Communication on the “European Green Deal”, adopted by the Commission on 11 December 2019 (10). The necessity and value of the European Green Deal have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens and of the Russian aggression against Ukraine .

(2)

The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged groups, such as older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

(2)

The European Green Deal combines a comprehensive set of mutually reinforcing measures and initiatives aimed at achieving climate neutrality in the Union by 2050, and sets out a new growth strategy that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy, where economic growth is decoupled from resource use. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. At the same time, this transition affects women and men differently and has a particular impact on some disadvantaged and vulnerable groups, such as low-income households and persons, older people, persons with disabilities and persons with a minority racial or ethnic background. It must therefore be ensured that the transition is just and inclusive, leaving no one behind.

(3)

The Union committed to reducing the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 2020.

(3)

The Union committed to reducing the Union’s economy-wide net greenhouse gas emissions by at least 55 % by 2030 below 1990 levels in the updated nationally determined contribution submitted to the UNFCCC Secretariat on 17 December 2020. The Council stated in its conclusions of 24 October 2022 (1a) that it stands ready, as soon as possible after the conclusions of the negotiations on the essential elements of the ‘Fit for 55’ package, to update, as appropriate, the nationally determined contribution of the Union and its Member States, in line with paragraph 29 of the Glasgow Climate Pact.

(4)

In Regulation (EU) 2021/1119 of the European Parliament and of the Council (11) , the Union has enshrined the target of economy-wide climate neutrality by 2050 in legislation. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030.

(4)

In Regulation (EU) 2021/1119 of the European Parliament and of the Council (11) , the Union has enshrined the target of economy-wide climate neutrality within the Union at the latest by 2050 and the aim of achieving negative emissions thereafter in legislation. That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) of at least 55 % below 1990 levels by 2030. That Regulation also provides that the Commission is to propose a Union intermediate climate target for 2040, as appropriate, at the latest within six months of the first global stocktake carried out under the Paris Agreement, and publish at the same time the projected indicative Union greenhouse gas budget for the 2030-2050 period, defined as the indicative total volume of net greenhouse gas emissions that are expected to be emitted in that period without putting at risk the Union’s commitments under the Paris Agreement, as well as the methodology underlying that indicative budget. On 15 June 2023, the European Scientific Advisory Board published its scientific advice for the determination of an EU-wide 2040 climate target and a greenhouse gas budget for 2030-2050. (11a)

(5)

All sectors of the economy are expected to contribute to achieving those emission reductions, including the road transport sector.

(5)

All sectors of the economy are expected to contribute to achieving those emission reductions, including the road transport sector. Heavy-duty vehicles are currently responsible for more than a quarter of greenhouse gas emissions from road transport in the Union and for over 6% of Union's total greenhouse gas emissions, more than those from aviation or maritime transport. The EU’s Sustainable and Smart Mobility Strategy aims for a 90% reduction in the transport sector’s emissions by 2050, including hard-to-abate sectors like aviation and maritime transport. This requires additional reduction targets for sectors fit for decarbonisation, such as road transport before 2050. That transition should take into account the industrial and social challenges of that process to ensure employment and accessible mobility for all.

(8)

In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050.

(8)

In order to contribute to the reduction in net greenhouse gas emissions of at least 55 % by 2030 compared to 1990 and in conformity with the energy efficiency first principle, it is necessary to strengthen the reduction requirements set out in Regulation (EU) 2019/1242 for heavy-duty vehicles. A clear pathway also needs to be set for further reductions beyond 2030 to contribute to achieving the climate neutrality objective by 2050. Without ambitious action on greenhouse gas emission reductions in road transport, higher emission reductions would be needed in other sectors, including sectors where decarbonisation is more challenging.

(8a)

Strengthening CO2 emission reduction requirements for heavy-duty vehicles and rolling-out the necessary recharging and refuelling infrastructure will play a key role in reducing the emissions of the entire heavy-duty vehicles fleet to achieve economy-wide climate-neutrality at the very latest by 2050 as set out in Regulation (EU) 2021/1119, alongside other initiatives that will be needed to accelerate a modal shift from road to rail and increasing rail freight.

(9)

The strengthened CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain can be maintained. Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing.

(9)

The revised CO2 emission reduction requirements should incentivise an increasing share of zero-emission vehicles being deployed on the Union market whilst providing benefits to users and citizens in terms of air quality and energy savings, as well as ensuring that innovation in the automotive value chain and the associated high-quality jobs can be maintained , as the automotive industry remains one of the pillars of the Union economy . Zero-emission vehicles currently include battery electric vehicles, fuel-cell and other hydrogen-powered vehicles, and technological innovations are continuing.

(9a)

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 exists without an environmental impact.

(10)

Against that background, new strengthened CO2 emission reduction targets should be set for new heavy-duty vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission vehicles on the Union market and to stimulate innovation in zero-emission technologies in a cost-efficient way.

(10)

Against that background, new strengthened CO2 emission reduction targets should be set for new heavy-duty vehicles for the period 2030 onwards. Those targets should be set at a level that will deliver a strong signal to accelerate the uptake of zero-emission vehicles on the Union market, stimulate innovation in zero-emission technologies in a cost-efficient way , give the necessary signal to accelerate the deployment of charging and refuelling infrastructure across the Union, ensure the long-term competitiveness of the Union industry on a global market, and contribute to reduce the running costs for transport companies, while ensuring the Union fulfils its climate and air pollution objectives .

(10a)

According to the latest information provided by the European Environment Agency (EEA), 97% of the urban population in the Union in 2021 was exposed to concentrations of fine particulate matter above the health-based guideline level set by the World Health Organization  (1a) . In 2020, 275 000 premature deaths in Europe were attributable to exposure of high concentrations of particulate matter, and 64 000 premature deaths were attributable to exposure of high NO2 concentrations  (1b) . By accelerating the roll-out of zero-emission vehicles, strengthened CO2 emission reduction requirements will also contribute to reduce air pollution from road transport.

(11a)

A rapid roll out of charging and fuelling infrastructure requires availability of qualified installers. Investments in re- and upskilling will be a corner stone in fulfilling the targets of this regulation and will ensure a just transition in the truck manufacturing sector.

(12)

The Union fleet-wide targets are to be complemented by the necessary roll-out of recharging and refuelling infrastructure as set out in the Commission Proposal for a regulation on the deployment of alternative fuel infrastructure  (16) .

(12)

Commercial vehicles are essential tools for the movement of goods and people. Factors such as the cost of zero-emission vehicles, the availability of charging infrastructure, the need to preserve and fasten innovation, and the impact of carbon pricing measures are critical to achieving more ambitious CO2 reduction goals. Regulation (EU) .../... of the European Parliament and of the Council on the deployment of alternative fuels infrastructure (AFIR) sets a minimum coverage of publicly accessible recharging and refuelling points dedicated to heavy-duty vehicles. Several Member States have already announced they will go beyond those minimum requirements, and several European truck manufacturers have created joint ventures to install and operate public charging networks across Europe. Strengthened CO2 standards should incentivise additional investments from operators of recharging and refuelling infrastructure. Member States should be provided with sufficient support in that context, in particular from EU funding instruments, and be encouraged to include in their revised national policy frameworks measures to support the deployment of recharging and refuelling infrastructure in depots, logistic centres and warehouses. The deployment of recharging and refuelling infrastructure is equally important in private locations, such as in private depots and at logistic centres. Additional measures should also be taken to reduce the duration of permit granting process for recharging infrastructure. All those initiatives will contribute to the necessary roll-out of recharging and refuelling infrastructure across the Union  (16).

(12a)

Within 6 months of the date of entry into force of this Regulation, the Commission should convene a Zero-Emission HDVs Forum, gathering public charging stations operators, electricity transmission system operators, long-haul transporters, urban logistic operators, public transport operators, civil society, think tanks, Member States and manufacturers, in order to work together on the effective and cost-efficient roll-out of recharging and refuelling infrastructure in view of the increased CO2 emissions reduction targets for HDVs. The work of that Forum should in particular feed into the preparation of the first review referred to in Article 22(2) of Regulation (EU) .../... of the European Parliament and of the Council on the deployment of alternative fuels infrastructure (AFIR) in order to ensure that the targets set out in that Regulation are aligned with the ambition of this Regulation.

(13 a)

While the strengthened CO2 reduction targets will accelerate the uptake of zero-emission vehicles, a significant part of the stock of heavy-duty vehicles on the roads will remain internal combustion engine vehicles for a long time. With an emission reduction target of 90%, the share of new heavy-duty vehicles placed on the market that are not zero-emission is projected to be around 15% in 2040, while the total fleet on the roads in 2040 is projected to consist of 65% internal combustion engine vehicles. In order for this part of the fleet to contribute to the achievement of the Union’s climate targets, further innovation and an accelerated uptake of sustainable renewable fuels is essential. Existing Union policies and legal instruments, in particular the Renewable Energy Directive and the EU Emission Trading System, will promote the decarbonisation of transport fuels, with the aim of phasing out fossil fuels. The Commission should further develop a coherent framework of incentives for advanced biofuels and biogas and renewable fuels of non-biological origin in all relevant sectors including this part of the heavy-duty vehicles fleet. That framework should address barriers to the uptake and supply in a comprehensive way, taking into account the demand across economic sectors, in the context of the overall efforts to reach the Union’s climate targets. Building on the objectives for biomethane in the RePowerEU plan, the Commission should also address how the scale-up of the production of biomethane in the Union can contribute to the decarbonisation of the economy including the transport sector.

(14a)

Access to training and reskilling in numerous sectors, including the heavy-duty vehicles sector that needs to undergo fundamental changes, is crucial for a socially just transition. The heavy-duty vehicles industry needs to make sure employees have access to reskilling opportunities, and are encouraged to take these, at no cost of their own. To ensure a fair and effective transition, mapping and analysing the predicted changes to the job market of the heavy duty vehicles industry is crucial.

(15)

Due to the heterogeneous structure of the total truck fleet, it is not possible to fully predict whether for all niche uses , technological developments will be quick enough to ensure that zero-emission tailpipe technology is a viable choice . This may include uses such as long-haul heavy-duty vehicles in specific territorial morphology and meteorological circumstances, coaches and lorries for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. The vehicles in question should constitute a limited share of the entire heavy-duty vehicle fleet. In view of such considerations, some margin in the 2040 target should be left to accommodate developments in technology yet to occur .

(15)

Due to the heterogeneous structure of the total truck fleet, some room should be given in the short term to account for particular niche uses. This may include uses such as vehicles for critical security and safety applications that cannot be fulfilled by zero-emission tailpipe technologies. The vehicles in question should constitute a limited share of the entire heavy-duty vehicle fleet. The review clause should assess the possibility of applying CO2 targets also for niche uses and uncertified vehicles .

(15 a)

CO2-neutral fuels, such as biogas, biofuels or synthetic fuels can contribute to significant CO2 reductions and improvement of air quality already today, and play a key role in the transition. At the same time, they can be part of the solution in the future in cases where an electric or hydrogen truck is impossible or difficult.

(15b)

In order to assess the full life-cycle CO2 emissions of heavy-duty vehicles at Union level, the Commission should evaluate the possibility of developing a common Union methodology for the assessment and the consistent data reporting of the full life-cycle CO2 emissions of heavy-duty vehicles placed on the Union market.

(16)

Contracting authorities or contracting entities should consider, when basing the award of contracts for the purchase or the use of vehicles referred to in point 4.2 of Annex I, the resilience of supply, including by considering the “Guidance on the participation of third country bidders and goods in the EU procurement market” (C(2019) 5494 final).

(16)

In order to ensure sustainable and resilient supply chains, and reduce current strategic import dependencies in some technologies and products needed for the accelerated roll-out of zero-emission heavy-duty vehicles, in particular urban buses, and prevent the formation of new ones, contracting authorities or contracting entities should consider, when basing the award of contracts for the purchase or the use of vehicles referred to in point 4.2 of Annex I, the sustainability and resilience of supply, including by considering the “Guidance on the participation of third country bidders and goods in the EU procurement market” (C(2019) 5494 final). The weighting of criteria on the sustainability and resilience contribution of the tender in relation to public procurement procedures is without prejudice to the possibility for contracting authorities and contracting entities to set a higher threshold for the criteria relating to environmental sustainability or innovation, in accordance with Article 41(3) and Recital 64 of Directive 2014/23/EU of the European Parliament and of the Council, Article 67(5) of Directive 2014/24/EU and Article 82(5) of Directive 2014/25/EU.

(17)

With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. The ZLEV incentive mechanism should therefore be removed as of 2030.

(17)

With the stricter Union fleet-wide targets from 2030 onwards, manufacturers will have to deploy significantly more zero-emission vehicles on the Union market. In that context, the incentive mechanism for zero- and low-emission vehicles (‘ZLEV’) would no longer serve its original purpose and would risk undermining the effectiveness of Regulation (EU) 2019/1242. Furthermore, considering the high Technology Readiness Levels (TRL) of zero-emission vehicles, there is no compelling reason to continue providing additional incentives to low-emission vehicles. That incentive mechanism should therefore cease to apply to low-emission heavy-duty vehicles as of 2025, be aligned with current market developments, and be fully removed as of 2030.

(25a)

CO2 emissions from vocational vehicles, such as garbage trucks, tipper trucks or concrete mixer trucks, are already certified under VECTO, monitored and reported by vehicle manufacturers and Member States, and several zero-emission vocational vehicles are already commercially available in Europe. CO2 emissions from vocational vehicles represent around 5% of heavy-duty vehicles emissions and around 10% of sales. As they mostly operates in cities, vocational vehicles also significantly impact urban air quality. Most of those vehicles run on low mileage and with predictable routes, and are being stored overnight in depots, thereby making it easier for operators to run zero-emission vehicles. CO2 emissions reduction targets should therefore also apply to those vehicles.

(25b)

In order to facilitate the development and enable the widespread use of trailers equipped with CO2 emission reduction technology, it is imperative to promptly update and expand the approval framework for such technologies, in particular for electrified trailers, by adapting the Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.

(26)

Due to the technical readiness of the sub-sector and the need to improve air quality in cities, a mandatory minimum share of new zero-emission urban buses should be set.

(26)

In 2021, zero-emission buses represented 23% of all sales in the Union of that segment, with some Member States already reaching close to 100%, including the Netherlands and Bulgaria. Due to the technical readiness of the sub-sector and the need to improve air quality in cities, a mandatory minimum share of new zero-emission urban buses should be set.

(27)

A mandatory minimum share of zero-emission urban buses should reflect the societal need for affordable public transport, including in rural areas. The increased supply of zero-emission urban buses that result from such a mandatory minimum share should have a positive effect on purchasing cost, both in terms of upfront purchase price and the total cost of ownership of zero-emission urban buses, reflecting fossil fuel savings resulting from their operation. Joint procurement of urban buses building on the Clean Bus Platform can bring the purchasing cost of such buses further down, and the proposed Social Climate Fund could be used by Member States to support vulnerable citizens with reduced or free public transport tickets or subscriptions. Finally, regional and long-distance buses and coaches, including for transport in rural areas, remain subject to the targets for heavy duty vehicles. Support from the Social Climate Fund could address specific needs of rural areas and prevent transport poverty (21) by securing access to affordable public transport.

(27)

The increased supply of zero-emission urban buses that result from such a mandatory minimum share should have a positive effect on purchasing cost, both in terms of upfront purchase price and the total cost of ownership of zero-emission urban buses, reflecting fossil fuel savings resulting from their operation. Joint procurement of urban buses building on the Clean Bus Platform can bring the purchasing cost of such buses further down, and the proposed Social Climate Fund could be used by Member States to support vulnerable citizens with reduced or free public transport tickets or subscriptions. Finally, regional and long-distance buses and coaches, including for transport in rural areas, remain subject to the targets for heavy duty vehicles. Support from the Social Climate Fund could address specific needs of rural areas and prevent transport poverty (21) by securing access to affordable public transport. The Commission should also consider amending the Clean Vehicles Directive (21a) so that it is aligned with the ambition of this Regulation.

(27a)

Urban areas, in which significant investments have already been allocated or spent on the conversion of infrastructure to allow for the use of biomethane in urban buses over a long period of time, may be able to apply for a temporary derogation from the target for urban buses to the Commission. Such exemptions should cease by 2035.

(27b)

Low-entry buses registered only in class II are designed for interurban operations and can be clearly identified. Taking into account their interurban mission profiles, they should not be subject to the zero-emission mandate for urban buses. Instead, class II low entry vehicles should be treated as high floor interurban vehicles and coaches.

(28)

The zero- and low-emission factor should last be applied for the reporting period of the year 2029, because it is no longer considered necessary after that time as an incentive to promote the market entrance of zero-emission vehicles.

(28)

The zero-emission factor should last be applied for the reporting period of the year 2029, because it is no longer considered necessary after that time as an incentive to promote the market entrance of zero-emission vehicles.

(30)

Furthermore, in order to strengthen the development of new zero-emission technologies in specialized small- and medium-sized companies, it should also be possible to transfer zero-emission vehicles between non-connected entities.

(30)

Furthermore, in order to strengthen the development of new zero-emission technologies in specialized small- and medium-sized companies, it should also be possible to transfer zero-emission vehicles between non-connected entities , as well as to transfer existing vehicles that have been retrofitted to be zero-emission vehicles . Retrofitting existing vehicles represents a great opportunity to accelerate the transition towards zero-emission mobility in a cost-efficient and resource-efficient way.

(32)

The existing system of multi-annual emission credits and emission debts should be extended to 2039 as reduction targets keep strengthening beyond 2030 until 2040 and require forward-looking technical developments of manufacturers during that period.

(32)

The existing system of multi-annual emission credits and emission debts should be extended to 2039 as reduction targets keep strengthening beyond 2030 until 2040 and require forward-looking technical developments of manufacturers during that period. Nevertheless, manufacturers should clear all remaining emission debts in the years 2029, 2034 and 2039, and emission credits that are not used within five years after they have been acquired should automatically expire, so as to avoid locking-in a low ambition.

(38a)

The market adoption of zero-emission heavy-duty vehicles depends on a number of factors, including progress made on the deployment of charging and refuelling infrastructures, aspects to further facilitate an economically viable and socially fair transition towards zero-emission road mobility, and other regulatory measures to incentivise the update of those vehicles. Those elements should be carefully assessed as part of the review. In order to promote the uptake of more efficient vehicles, the Commission should also investigate as part of the review the impacts of setting minimum energy efficiency thresholds for new zero-emission heavy-duty vehicles placed on the Union market.

(ca)

point (8) is replaced by the following:

(8)

‘vehicle sub-group’ means a grouping of vehicles as defined in point 1 of Annex I, that are characterised by a common and distinctive set of technical criteria relevant for determining the CO2 emissions and fuel consumption of those vehicles;

(e)

point (10) is deleted ;

(e)

point (10) is replaced by the following:

‘ (10)

'manufacturer' means the person or body to which the vehicles registered in a given period have been attributed in accordance with Article 7a ’;

(a)

a heavy-duty motor vehicle with not more than 5 g/(t•km) or 5 g/(p•km) of CO2 emissions as determined in accordance with Article 9 of Regulation (EU) 2017/2400;

(a)

a heavy-duty motor vehicle without an internal combustion engine, or with an internal combustion engine that emits less than 3gCO2/(t.km) or 1gCO2/(p.km) as determined in accordance with Article 9 of Regulation (EU) 2017/2400;

(b)

a heavy-duty motor vehicle fulfilling the conditions of point 1.1.4 of Annex I to this Regulation if no CO2 emissions have been determined according to Regulation (EU) 2017/2400;

(b)

until 31 December 2034, a heavy-duty motor vehicle without a combustion engine or with a combustion engine emitting not more than 3gCO2/kWh or 3gCO2/km as determined in accordance with Regulation (EC) No 595/2009 or 715/2007 of the European Parliament and of the Council, respectively, if no CO2 emissions have been determined according to Regulation (EU) 2017/2400; as of 1 January 2035, a heavy-duty motor vehicle without a combustion engine or with a combustion engine emitting not more than 1gCO2/kWh or 1gCO2/km as determined in accordance with Regulation (EC) No 595/2009 or 715/2007 of the European Parliament and of the Council, respectively, if no CO2 emissions have been determined according to Regulation (EU) 2017/2400;

(23 a)

‘CO2 neutral fuel’ means all fuels defined by Directive (EU) 2018/2001 where the emissions of the fuel in use (eu) can be taken to be net zero, meaning for instance that the CO2 equivalent of the carbon incorporated in the chemical composition of the fuel in use (eu) is of biogenic origin and/or has been captured, so avoiding being emitted as CO2 into the atmosphere, or has been captured from ambient air. Those fuels shall include renewable and/or synthetic fuels, such as biofuel, biogas, biomass fuel, renewable liquid and gaseous transport fuel of non- biological origin (RFNBO) or a recycled carbon fuel (RCF). Other fuels not listed in Directive (EU) 2018/2001 may fall within the meaning of CO2 neutral fuel provided that they meet those criteria and the sustainability criteria of that Directive and associated delegated acts. A mixture of two or more CO2 neutral fuels shall be considered to be a CO2 neutral fuel.

(23b)

‘Extra Heavy Combination lorry’ or ‘EHC lorry’ means a category N3 vehicle suitable for usage in a vehicle combination and meeting all the following -design and construction criteria:

(a)

equipped with a coupling device;

(b)

having three axles or more;

(c)

with an engine rated power of at least 400 kW;

(d)

designed with a technically permissible maximum mass of the combination of more than 60 tonnes;

(c)

the availability of essential spare parts for the functioning of the equipment subject to the tender;

(c)

the current and estimated future availability of essential spare parts for the functioning of the equipment subject to the tender;

(a)

environmental sustainability going beyond the minimum requirements provided for in applicable legislation, in particular for the recycling and sourcing of batteries;

(b)

the energy efficiency of the vehicles;

(c)

the potential to reduce the use of natural resources and materials, for instance by retrofitting existing vehicles to zero-emission powertrains.

(4a)

the following Article is inserted:

(5 a)

the following Article is inserted:

(c)

for transfers of zero-emission vehicles between manufacturers not belonging to a group of connected manufacturers: the number of zero-emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

(c)

for transfers of zero-emission vehicles between manufacturers not belonging to a group of connected manufacturers , or for transfers of existing vehicles that have been retrofitted to be zero-emission vehicles : the number of zero-emissions vehicles transferred to a manufacturer must not exceed 5 % of all its new heavy-duty vehicles registered in a given reporting period.

(ba)

in paragraph 1, the second subparagraph is replaced by the following:

(a)

the criteria defining vehicle sub-groups set out in point 1.1;

(a)

the criteria defining vehicle sub-groups set out in point 1.1 , including adding separate subgroups for EHC lorries ;

(i)

the number of registrations of zero-emission heavy-duty vehicles in Member States;

(ii)

the progress made in deployment of charging and refuelling infrastructure suitable for heavy-duty vehicles in Member States;

(iii)

strictly for the purpose of this Regulation, considerations of heavy-duty vehicles and vehicle combinations taking into account weights and dimensions applicable to national transport, for example modular and intermodal concepts, while also assessing possible transport safety and efficiency aspects, intermodal, environmental, infrastructural and rebound effects as well as the geographical situation of Member States;

(iv)

impacts on employment, especially on micro, small and medium-sized enterprises (SMEs), the effectiveness of measures to support retraining and upskilling of the workforce, and the importance of an economically viable and socially fair transition towards zero-emission road mobility;

(v)

whether the continuation of the exemption for manufacturers producing few vehicles set out in Article 6b of this Regulation is still justified with a view to achieving a balance between Union-wide greenhouse gas emissions and removals across all sectors within the Union at the latest by 2050 as set out in Regulation (EU) 2021/1119;

(vi)

the impacts of establishing minimum energy efficiency thresholds for new zero-emission heavy-duty vehicles placed on the Union market;

(vii)

the impacts of ensuring that special purpose, off-road and off-road special vehicles are subject to CO2 emissions reduction targets;

(viii)

an assessment of the level of the excess CO2 emissions premium to ensure that it exceeds the average marginal costs of the technologies needed to meet the CO2 emissions targets.

(ix)

the report assessing the possibility of developing a common Union methodology for the assessment, and the consistent data reporting, of the full lifecycle CO2 emissions of new heavy-duty vehicles that are placed on the Union market referred to in paragraph 2;

(c)

in paragraph (6), “Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2) and Article 14(1) ”;

(c)

in paragraph (6), “Article 11(2), the second subparagraph of Article 13(4) and Article 14(1)” is replaced by the following: “Article 3b(2), Article 3e, Article 11(2), Article 13(4) second subparagraph, Article 13c(3), Article 13d(2), Article 13f(2) , Article 14(1) and Article 15(3)”;

1.1.1.

For vehicles of category N the sub-group sg is defined as follows:

1.1.1.

For vehicles of category N the sub-group sg is defined as follows:

1.1.1a.

Attribution of small and medium lorries of category N2 with a maximum mass lower than 7, 4 tonnes, for which CO2 emissions have been determined in accordance with Regulation (EU) 2018/858

1.1.2.

For vehicles of category M the sub-group sg is defined as follows:

1.1.2.

For vehicles of category M the sub-group sg is defined as follows:

4.2.

Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific emissions targets of manufacturers

4.2.

Vehicle sub-groups included in the calculation of average specific CO2 emissions and specific emissions targets of manufacturers

(n a)

the technically permissible maximum mass of the combination for a category N3 truck in an extra heavy combination (EHC) referred to in Article 3, point (24), as specified in entry 16.4 of the certificate of conformity or individual vehicle approval certificate;

(n b)

engine maximum net power as specified in entry 27.1. of the certificate of conformity or individual vehicle approval certificate;