2nd ICAI 2022

International Conference on Automotive Industry 2022

Mladá Boleslav, Czech Republic

setting and supporting domestic policies varies greatly. Moreover, the directive’s key objective, namely to ensure coherent market development in the EU, has not been met. Shortcomings arise in particular in the following three areas: 1. the lack of a complete network of infrastructure allowing seamless travel across the EU; 2. the need for further common technical specifications to ensure interoperability in light of emerging technologies; and 3. the lack of full user information, uniform and easy to-use payment methods and full price transparency across the EU. The conclusion of the Commission’s report was quite pessimistic – the overall internal market for alternative fuels infrastructure is still in a rather early development phase. For the moment, a comprehensive and complete network of alternative fuels infrastructure does not exist across the EU, though markets are maturing in some parts of the EU. Considering the great relevance of ensuring sufficient infrastructure to support the sale of vehicles and vessels in light of the increased climate ambition for 2030, after this evaluation the Commission recommended retaining the legislation but revising it. The drafted Regulation on Alternative Fuels Infrastructure proposed mandatory targets that involve new member state’s commitments. Finally, it is supposed to ensure the necessary coverage of infrastructure for recharging and refueling cleaner vehicles across the EU, keeping pace with the development of the market and guaranteeing that rural and remote areas will also be covered. These revised rules are the key to ensure legal certainty, increase consumer confidence and provide a clear signal to the industry and car manufacturers. The Commission made the choice to propose a regulation as a legal instrument instead of another directive. The objectives of this new regulation can be pursued within the framework of a common transport policy and the trans-European networks. The Treaty on the Functioning of the European Union (OJ C 326, 26. 10. 2012, TFEU) establishes the Union’s prerogative to lay down provisions for the common transport policy under Articles 90-91, and for the trans-European networks – Articles 170–171 are applicable. Considering the so-called division of legislative powers between the Union and its member states under the above mentioned provisions we may assume the shared powers in the area of transport policy and the supporting powers concerning trans-European networks. The principle of subsidiarity applies, in line with Articles 4–5 TFEU in the areas of so-called shared or concurring competences, or in the fields of Union powers for supporting, coordinating or supplementing measures under Article 6 TFEU (Geiger, Khan, Kotzur, 2015, p. 35-37). With this legal framework in mind, Union action enables better coordination for the even and widespread deployment of alternative fuels infrastructure, instead of relying on member states only. The choice of a regulation ensures a rapid and coherent development towards a dense, widely-spread network of fully interoperable recharging infrastructure in all member states. The Commission’s decision concerning the choice of a legal instrument is justified in view of the needed swift and coherent implementation of the national fleet-based minimum deployment targets set at member state level and the mandatory distance-based infrastructure targets along the TEN-T network. We also have to bear in minds that the first proposed targets are planned to be reached by 2025 already (AFIR Reg., p. 7).

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