2nd ICAI 2022

International Conference on Automotive Industry 2022

Mladá Boleslav, Czech Republic

The drafted AFIR Regulation will establish new clearly binding and directly applicable obligations for member states at national level to ensure their EU-wide coherent and timely application and implementation at the same time. For instance, drafted Articles 3 and 4 contain targets for electric recharging infrastructure provisions for member states to ensure minimum coverage of publicly accessible recharging points dedicated to light- and heavy-duty road transport vehicles on their territory and on the TEN-T core and comprehensive network. To that end, member states shall ensure that: along the TEN-T core network, publicly accessible recharging pools dedicated to light-duty vehicles are deployed in each direction of travel with a maximum distance of 60 km in-between them (Article 3 (2) AFIR Reg.). Article 6, in turn contains provisions for member states to guarantee minimum coverage of publicly accessible refueling points for hydrogen dedicated to heavy- and light-duty vehicles on the TEN-T core and comprehensive network. To that end member states shall ensure that by 31 Dec. 2030 publicly accessible hydrogen refueling stations with a minimum capacity of 2 t/day and equipped with at least a 700 bars dispenser are deployed with a maximum distance of 150 km in-between them along the TEN-T core and comprehensive network. Liquid hydrogen shall be made available at publicly accessible refueling stations with a maximum distance of 450 km in-between them. Additionally, at least one publicly accessible hydrogen refueling station should be deployed in each town/city. In line with Article 8, minimum coverage of publicly accessible refueling points for liquefied natural gas dedicated to heavy-duty vehicles on the TEN-T network has to be guaranteed until 1 Jan. 2025. It is also worth noting that Article 13 reformulates provisions for member states’ national policy frameworks. It will establish closer cooperation between states and the Commission to develop concise planning to deploy infrastructure and meet the regulation targets. It also includes new provisions on formulating ad hoc strategies for the distribution of alternative fuels in other modes of transport together with key sectoral and regional/local stakeholders. This would apply where the Regulation does not set mandatory requirements, but where emerging policy needs linked to the development of alternative fuel technologies should be considered. 4. Conclusion The drafted regulation on the deployment of alternative fuels infrastructure depicted in this research seems to be a real avant-garde. First, due to its extremely ambitious environmental goals and a very tight timetable for their achievement. National policy frameworks covering the scope of the regulation have to be ready for implementation already in 2025. Secondly, because a regulation as a legal instrument is going to have far reaching implications for member states’ legal obligations and their accountability before both domestic courts via direct effect principle and the Court of Justice of the EU for possible non-compliance. As for the moment of first reading of this draft in European Parliament, there is no will to soften its objectives. It is quite the opposite, the EP Committee on Transport and Tourism suggests the European Commission to closely monitor the fulfilment of the obligations of member states laid down in the Regulation, especially regarding the installation of publicly accessible charging and refuelling points across their territory. Moreover, to faster achieve the AFIR Reg.

13