Documents considered by the Committee on 4 September 2019 Contents

13Second mobility package: Clean Vehicles Directive

Committee’s assessment

Politically and legally important

Committee’s decision

Cleared from scrutiny

Document details

Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport

Legal base

Article 192 TFEU; ordinary legislative procedure; QMV

Department

Transport

Document Number

(39209), 14183/17 + ADDs 1–6, COM(17) 653

Summary and Committee’s conclusions

13.1The proposal under scrutiny concerns the amendment of Directive 2009/33/EC—on the promotion of clean and energy-efficient road transport vehicles—and was adopted at the Employment, Social Policy, Health and Consumer Affairs Council meeting of 13 June 2019. The agreed amendments widen the scope of the Directive to include a revised definition of what constitutes a ‘clean’ light-duty vehicle (LDV).74 The Directive sets a minimum public procurement target for clean LDVs and a similar target for heavy-duty vehicles (HDVs).

13.2In terms of the finer details of the Directive, minimum procurement targets are set for LDVs and HDVs for individual Member States. For both LDVs and HDVs, these are specified for the period 2 August 2021 to 31 December 2025 and 1 January 2026 to 31 December 2030. As an example of the targets set for Member States, the UK’s LDV target for the first and second periods is 38.5%. This is the highest target provided for by the Directive with the lowest set for Lithuania at 18.7%.

13.3A full background to the proposal, including information on the Commission’s ex-post evaluation of Directive 2009/33/EC, its rational for further regulatory action, and the Government’s initial legal and political assessment of the changes suggested by the Commission, can be found in our Twenty-first Report to the House of session 2017–19.

13.4When the Committee last considered the proposal on 3 April 2019, we granted a scrutiny waiver in order for the Government to support the formal adoption of the Directive at the Employment, Social Policy, Health and Consumer Affairs Council of 13 June 2019. The Minister with charge over the proposal—Michael Ellis MP—now writes (20 June) to inform the Committee of the adoption of the Directive and in response to an outstanding question concerning the Government’s plans for its implementation.75

13.5On the adoption of the Directive, the Minister explains that the Government voted in favour at Council and that its final form was unchanged from when the Committee last considered its text on 3 April. The Minister further explains that, whilst supporting the overall aims of the Directive, four Member States voted against adoption and three abstained. This was said to be for various reasons, for example, one Member State did not support the inclusion of targets for buses.

13.6The Committee previously asked whether the Government would consider aligning domestic law with the Directive irrespective of the outcome of the UK’s withdrawal from the EU. This question was raised in light of the Government’s strong support for the Directive and the ambition it showed for more stringent targets during working group negotiations. The Minister provides a somewhat disappointing response; stating that any future UK alignment with the Directive will depend on the terms of the UK’s exit from the EU. He does, however, offer to keep the Committee informed of progress in this regard.

13.7The Directive was published in the Official Journal on 12 July 2019 and will have to be transposed into national law by Member States by 2 August 2021.76 As alluded to above, this takes the full applicability of the Directive beyond the end of the transitionary period set under the draft Withdrawal Agreement (31 December 2020).

13.8We thank the Minister for his letter and for updating the Committee on the outcome of the June 2019 Council at which the proposal was put for adoption. As the Directive has now been adopted, we are happy to clear it from scrutiny.

Full details of the documents

13.9Proposal for a Directive of the European Parliament and of the Council amending Directive 2009/33/EU on the promotion of clean and energy-efficient road transport: (39209), 14183/17 + ADDs 1–6, COM(17) 653.

Previous Committee Reports

Twenty-first Report HC 301–xx (2017–19) chapter 7 (21 March 2018); Forty-fifth Report HC 301–xliv (2017–19) chapter 5 (21 November 2018); and Sixty-second Report HC 301–lx (2017–19) chapter 3 (3 April 2019).


74 Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (Text with EEA relevance).

76 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.




Published: 9 September 2019