EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Article 8 of Directive 2014/94/EU 1 empowers the European Commission to adopt delegated acts to supplement or update the technical specifications for alternative fuels infrastructure referred to in Articles 4, 5, 6 and Annex II of the Directive.

Delegated acts are necessary in order to require compliance of the infrastructures to be deployed or renewed with the technical specifications in the European standards (EN) to be developed, without prejudice to Regulation (EU) No 1025/2012, in cases where the European Standardization Organizations (ESOs) have recommended only one technical solution with technical specifications as described in a relevant European standard.

In order to implement Directive 2014/94/EU, and pursuant to Article 10(1) of Regulation (EU) No 1025/2012, the Commission submitted a request 2 (M533) to the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) to develop and adopt appropriate European standards, or amend existing ones, by establishing technical interoperability specifications with a single solution, if applicable, based on international standards for alternative fuels infrastructure.

The standards to be developed by CEN/CENELEC under request M/533 concern the technical specifications for alternative fuels infrastructure in Directive 2014/94/EU. These specifications are in Article 4(14) and points 1.3, 1.4, 1.5, 1.6 and 1.8 of Annex II – electricity supply for road and maritime transport and inland navigation; Article 5(3) and point 2 of Annex II – hydrogen supply for road transport; and Article 6(11) and point 3 of Annex II – natural gas, including biomethane, supply for road and maritime transport and inland navigation.

Following the adoption by CEN/CENELEC of the relevant standards under request M/533, on 13 August 2019 the Commission adopted Commission Delegated Regulation (EU) 2019/1745 supplementing and amending Directive 2014/94/EU of the European Parliament and of the Council as regards recharging points for L-category motor vehicles, shore-side electricity supply for inland waterway vessels, hydrogen supply for road transport, and natural gas supply for road and waterborne transport, and repealing Commission Delegated Regulation (EU) 2018/674.

This Commission Delegated Regulation supplements the technical specifications for recharging points for electric buses referred to in point 1.6 of Annex II to Directive 2014/94/EU.

It is necessary to adopt common standards for recharging points for electric buses in order to remove technical and regulatory barriers across the EU, thereby facilitating the development of a single market in order to create the right conditions for market actors and ensure a smooth implementation of the revised Clean Vehicles Directive that sets minimum national targets for the public procurement of clean buses, including a sub-target for the procurement of zero-emission buses 3 .

The Directive envisages a transitional period of at least 24 months before the relevant technical specifications or their amended versions become binding for infrastructure to be deployed or renewed.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Member State experts were consulted through the Sustainable Transport Forum on Standards for Alternative Fuels Infrastructure, as were the members of the Alternative Fuels Infrastructure Committee, who gave advice on the European standards that are the subject of this drat Commission Delegated Regulation.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

This Commission Delegated Regulation supplements Directive 2014/94/EU in accordance with Article 4(14) of that Directive.

A Regulation is necessary to set technical standards at EU level, since it does not require national transposition measures and ensures the timely harmonisation and swift applicability of the standards in the Member States.

COMMISSION DELEGATED REGULATION (EU) …/...

of 17.6.2021

supplementing Directive 2014/94/EU of the European Parliament and of the Council with regards standards for recharging points for electric buses

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure 4 , and in particular Article 4 (14) thereof,

Whereas:

(1)Directive 2014/94/EU establishes that technical specifications for the interoperability of recharging and refuelling points should be specified in European or international standards. For standards not yet adopted, standardisation should be based on standards that are being developed.

(2)Pursuant to Article 10(1) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council 5 , the Commission requested 6 the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (Cenelec) to develop and adopt appropriate European standards, or to amend existing ones, for electricity supply for road and, maritime transport and inland navigation; hydrogen supply for road transport; and natural gas, including biomethane supply for road and, maritime transport and inland navigation.

(3)Following the implementation of Commission request M/533, CEN and Cenelec have developed the standards containing the technical specifications for recharging points for electric buses referred to in point 1.6 of Annex II to Directive 2014/94/EU.

(4)CEN and Cenelec have informed the Commission that Type 2 connectors, as described in standard EN 62196-2 are the most appropriate type for alternating current (AC) normal and high power recharging points for electric buses.

(5)CEN and Cenelec have informed the Commission that connectors of the combined charging system ‘Combo2’, as described in standard EN 62196-3, should be used for direct current (DC) normal and high power recharging points for electric buses.

(6)CEN and Cenelec have informed the Commission, that standard EN 50696 should be applied for contact interface automated devices for conductive recharging electric buses in mode 4, according to EN 61851-23-1, in order to ensure interoperability. This standard, together with the above-mentioned standards, will play a crucial role for the deployment of electric buses in cities.

(7)Pursuant to Directive (EU) 2019/1161 of the European Parliament and of the Council 7 , minimum national shares of up to 22.5% for 2021-2025 and 32.5% for 2026-2030, of public procurement are reserved for zero-emission buses. With ever more public transport authorities and operators switching to zero-emission buses in order to reach these targets, the full interoperability of vehicle and recharging infrastructure is becoming imperative.

(8)The interoperability of the different types of recharging for electric buses should be ensured to create a level-playing field for manufacturers and operators and enable economies of scale while ensuring openness to technological solutions. It should further enhance the use of smart charging including vehicle to grid services.

(9)The Member State experts, consulted through the Committee on Alternative Fuels Infrastructure, and Member State Transport Attachés, provided their advice on the European standards and technical specifications that are the subject of this delegated act.

(10)The Commission should supplement point 1.6 of Annex II to Directive 2014/94/EU accordingly with the references to the European standards and technical specifications developed by CEN and Cenelec.

(11)When new technical specifications in Annex II to Directive 2014/94/EU are to be implemented by means of delegated acts, a transition period of 24 months is to apply.

HAS ADOPTED THIS REGULATION:

Article 1

The recharging points for electric buses referred to in point 1.6 of Annex II to Directive 2014/94/EU shall be equipped, for interoperability purposes, as follows:

alternating current (AC) normal and high power recharging points for electric buses shall be equipped at least with connectors of Type 2 as described in standard EN 62196-2;

direct current (DC) normal and high power recharging points for electric buses shall be equipped at least with connectors of the combined charging system ‘Combo 2’ as described in standard EN 62196-3;

contact interface automated device for electric buses on conductive recharging in mode 4, according to EN 61851-23-1, concerning automated connection device (ACD) mounted on the infrastructure (pantograph), ACD mounted on the roof of the vehicle, ACD mounted underneath the vehicle and ACD mounted on the infrastructure and connecting to the side or on the roof of the vehicle, shall be equipped with mechanical and electrical interfaces, as defined in the standard EN 50696.

Article 2

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

It shall apply from [OP: Please insert the date 24 months after the date of entry into force].

This regulation only applies to charging points for electric buses that are installed after the date of application of this regulation.

The Regulation does not apply to recharging infrastructure for trolley buses overhead wires (catenary).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17.6.2021

   For the Commission

   The President
   Ursula VON DER LEYEN

(1)

   Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (Text with EEA relevance).

(2)

   M/533 Commission Implementing Decision C(2015) 1330 final of 12 March 2015 on a standardisation request addressed to the European Standardization Organizations, in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council, to draft European standards for alternative fuels infrastructure.

(3)    Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance).
(4)    OJ L 307, 28.10.2014, p. 1.
(5)    Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(6)    M/533 Commission Implementing Decision C(2015) 1330 final of 12 March 2015 on a standardisation request addressed to the European standardisation organisations, in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council, to draft European standards for alternative fuels infrastructure.
(7)    Directive (EU) 2019/1161 of the European Parliament and of the Council of 20 June 2019 amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (OJ L 188, 12.7.2019, p. 116).