REPORT on the proposal for a decision of the European Parliament and of the Council amending Directives 2009/12/EC, 2009/33/EC and (EU) 2022/1999 of the European Parliament and of the Council and Council Directive 96/67/EC as regards certain reporting requirements in the fields of road transport and aviation

8.2.2024 - (COM(2023)0592 – C9‑0387/2023 – 2023/0362(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Jan‑Christoph Oetjen
Rapporteur for the opinion of the associated committee pursuant to Rule 57 of the Rules of Procedure
Ivan Vilibor Sinčić, Committee on the Environment, Public Health and Food Safety
(Simplified procedure – Rule 52(2) of the Rules of Procedure)

Amendments

• 001-003 (PDF - 129 KB)
• 001-003 (DOC - 35 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a decision of the European Parliament and of the Council amending Directives 2009/12/EC, 2009/33/EC and (EU) 2022/1999 of the European Parliament and of the Council and Council Directive 96/67/EC as regards certain reporting requirements in the fields of road transport and aviation

(COM(2023)0592 – C9‑0387/2023 – 2023/0362(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0592),

– having regard to Article 294(2) and Articles 91, 100 (2) and 192 (1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0387/2023),

– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the opinion of the European Economic and Social Committee of 13 December 2023[1]

– after consulting the Committee of the Regions,

– having regard to Rules 59 and 40 of its Rules of Procedure,

– having regard to the letter of the Committee on the Environment, Public Health and Food Safety,

– having regard to the report of the Committee on Transport and Tourism (A9-0034/2024)

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a decision

Recital 6

Text proposed by the Commission	Amendment
(6) In order to reduce administrative burdens and rationalise the reporting schedule, it is appropriate to reduce the frequency of Member States’ reporting under Directive 2009/33/EC, and fully align it with the  five-year reference periods provided for in that Directive. As the Commission’s reporting to the European Parliament and the Council builds on national reports from Member States, the frequency of that reporting should also be adapted accordingly.	(6) In order to reduce administrative burdens and rationalise the reporting schedule, it is appropriate to reduce the frequency of Member States’ reporting under Directive 2009/33/EC, and fully align it with the  five-year reference periods provided for in that Directive.  Given this change in the reporting frequency, it is no longer appropriate to provide that such reporting accompanies the reports referred to in Article 83(3), second subparagraph, of Directive 2014/24/EU, Article 99(3), second subparagraph, of Directive 2014/25/EU, which both provide for a three-year reporting. As the Commission’s reporting to the European Parliament and the Council builds on national reports from Member States, the frequency of that reporting should also be adapted accordingly.

Amendment  2

Proposal for a decision

Article 2 – paragraph 1 – point 1

Directive 2009/33/EC

Article 10 – paragraph 2

Text proposed by the Commission	Amendment
(1) in paragraph 2, the first sentence is replaced by the following:	(1) paragraph 2 is replaced by the following:
By 18 April 2026, and every five years thereafter, Member States shall submit a report on the implementation of this Directive to the Commission.	‘By 18 April 2026, and every five years thereafter, Member States shall submit a report on the implementation of this Directive to the Commission. Those reports shall contain information on the measures taken to implement this Directive, on future implementation activities, as well as any other information which the Member State considers relevant. Those reports shall also include the number and the categories of vehicles covered by the contracts referred to in Article 3(1) of this Directive, based on the data provided by the Commission in accordance with paragraph 3 of this Article. The information shall be presented on the basis of the categories set out in Regulation (EC) No 2195/2002 of the European Parliament and of the Council.’

Amendment  3

Proposal for a decision

Article 5 – paragraph 1

Text proposed by the Commission	Amendment
This Decision is addressed to the Member States.	This Decision shall enter into force on the  twentieth day following that of its publication in the Official Journal of the European Union.

 

EXPLANATORY STATEMENT

The current proposal for a Regulation (2023/0362(COD)) along with another proposal for a  Decision (2023/0361(COD)) amend in total 4 existing directives  and 3 existing regulations as part of the Regulatory Fitness and Performance Programme (REFIT). The proposals aim to simplify reporting requirements and cut administrative burden for stakeholders, specifically public authorities and the Commission in the policy area of road transport and aviation.

 

While reporting requirements do play a key role in the correct enforcement and proper monitoring of legislation, they also could come at a cost for stakeholders. At the same time, experience with the implementation of legislation as well as organisational and technological developments might render some reporting requirements as outdated, superfluous or not as beneficial.

 

The present exercise of reviewing and eliminating such unnecessary reporting requirements is welcomed by Parliament. The Council has also considered and welcomed the two proposals with a couple of small technical adjustments that can improve the text. Commission presented the current proposals to the Transport and Tourism (TRAN) Committee in the European Parliament during its meeting of 23 January 2024. It also endorsed the small corrections that Council has proposed. Based on the Commission presentation, as well as informal discussions with Council, your Rapporteur suggests in his draft report to approve the Commission proposal with the incorporated three amendments, in line with the simplified procedure (Rule 52(2)).

 

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

LETTER OF THE COMMITTEE ON THE ENVIRONMENT, PUBLIC HEALTH AND FOOD SAFETY (25.1.2024)

Ms Karima Delli

Chair of TRAN Committee

SPINELLI 08G305

BRUSSELS

Subject:  Opinion on the Proposal for a Decision amending Directives 2009/12/EC, 2009/33/EC and (EU) 2022/1999 of the European Parliament and of the Council and Council Directive 96/67/EC as regards certain reporting requirements in the fields of road transport and aviation (2023/0362(COD))

Dear Chair,

On 17 October 2023, the Commission published a legislative proposal to amend several Directives, including Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles.

On 20 November 2023, the ENVI coordinators decided to provide an opinion on the legislative proposal in the form of a letter. The ENVI Committee considered the matter at its meeting of 24 January 2024 and adopted this opinion at that meeting[2].

Directive 2009/33/EC sets minimum procurement targets for clean vehicles, expressed as minimum percentages of clean vehicles in the total number of road transport vehicles covered by contracts awarded during two reference periods. In respect of Directive 2009/33/EC, the Commission proposes reducing the frequency of Member States’ reporting under Directive 2009/33/EC from every three years to every five years.

The ENVI Committee agrees with the Commission’s rationale on Directive 2009/33/EC. Requiring Member States to report clean vehicle procurement data every five years, subsequent to each reference period, is justified. The proposal aims to minimise reporting frequency and thereby alleviates the administrative load on national administrations.

In proposing an amendment to Article 10 of Directive 2009/33/EC, the Commission has focused on the modification of the first sentence, seeking to replace the term “three” with “five” years. However, upon careful consideration, it appears that a temporal misalignment exists in the second sentence of the same paragraph. The current language mandates that the report accompanying these directives aligns with reports generated under two other directives, which stipulate a three-year reporting cycle. Against this background, the following technical adjustment should be made to Article 2 of the Commission Proposal:

“Article 2

Amendments to Directive 2009/33/EC

Article 10 of Directive 2009/33/EC is amended as follows:

(1) in paragraph 2, the first sentence is replaced by the following:

‘By 18 April 2026, and every five years thereafter, Member States shall submit a report on the implementation of this Directive to the Commission. Those reports shall accompany the reports provided for in the second subparagraph of Article 83(3) of Directive 2014/24/EU and the second subparagraph of Article 99(3) of Directive 2014/25/EU, and they shall contain information on the measures taken to implement this Directive, on future implementation activities, as well as any other information which the Member State considers relevant. Those reports shall also include the number and the categories of vehicles covered by the contracts referred to in Article 3(1) of this Directive, based on the data provided by the Commission in accordance with paragraph 3 of this Article. The information shall be presented on the basis of the categories set out in Regulation (EC) No 2195/2002 of the European Parliament and of the Council.’

 

(2) paragraph 4 is replaced by the following:

‘4. By 18 April 2027, and every five years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive, specifying the measures taken by Member States in this regard, following the reports referred to in paragraph 2.’”

 

Moreover, in line with the above change, recital 6 of the Commission Proposal should be amended as follows:

“In order to reduce administrative burdens and rationalise the reporting schedule, it is appropriate to reduce the frequency of Member States’ reporting under Directive 2009/33/EC, and fully align it with the  five-year reference periods provided for in that Directive.  Given this change in the reporting frequency, it is no longer appropriate to provide that such reporting accompanies the reports referred to in Article 83(3), second subparagraph, of Directive 2014/24/EU, Article 99(3), second subparagraph, of Directive 2014/25/EU, which both provide for a three-year reporting.  As the Commission’s reporting to the European Parliament and the Council builds on national reports from Member States, the frequency of that reporting should also be adapted accordingly.”

Should the Council opt to amend these parts of the proposal in a different way, the ENVI Committee insists that it is involved during the inter-institutional negotiations.

Yours sincerely,

 

Pascal Canfin

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEX: entities or persons

from whom the rapporteur for the OPINION has received input

 

 

The Rapporteur for the opinion declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

 

 

 

 

 

PROCEDURE – COMMITTEE RESPONSIBLE

Title	Amending Directives 2009/12/EC, 2009/33/EC and (EU) 2022/1999 of the European Parliament and of the Council and Council Directive 96/67/EC as regards certain reporting requirements in the fields of road transport and aviation
References	COM(2023)0592 – C9-0387/2023 – 2023/0362(COD)
Date submitted to Parliament	17.10.2023
Committee responsible  Date announced in plenary	TRAN 18.1.2024
Committees asked for opinions  Date announced in plenary	ECON 18.1.2024	ENVI 18.1.2024	IMCO 18.1.2024	REGI 18.1.2024
Not delivering opinions  Date of decision	ECON 25.10.2023	IMCO 25.10.2023	REGI 23.10.2023
Associated committees  Date announced in plenary	ENVI 18.1.2024
Rapporteurs  Date appointed	Jan-Christoph Oetjen 30.10.2023
Previous rapporteurs	Karima Delli
Simplified procedure - date of decision	23.1.2024
Discussed in committee	23.1.2024
Date adopted	6.2.2024
Date tabled	9.2.2024

 

 

• [1]  [OJ C 0, 0.0.0000, p. 0. / Not yet published in the Official Journal].
• [2] The following Members were present for the final vote: Pascal Canfin (chair), Bas Eickhout (vice-chair), Anja Hazekamp (vice-chair), César Luena (vice-chair), Mazaly Aguilar, Catherine Amalric, Maria Arena, Katarina Barley, Hildegard Bentele,  Sergio Berlato, Michael Bloss, Daniel Buda, Delara Burkhardt, Sara Cerdas, Asger Christensen, Christophe Clergeau, Nathalie Colin‑Oesterlé, Ana Collado Jiménez, Mohammed Chahim, Maria Angela Danzì, Marie Dauchy, Matthias Ecke, Pietro Fiocchi, Heléne Fritzon, Malte Gallée, Gianna Gancia, Paola Ghidoni, Catherine Griset, Teuvo Hakkarainen, Martin Häusling, Martin Hojsík, Jan Huitema, Peter Jahr, Karin Karlsbro, Ska Keller, Billy Kelleher, Petros Kokkalis, Danilo Oscar Lancini, Esther de Lange, Peter Liese, Javi López, Elżbieta Katarzyna Łukacijewska, Thierry Mariani, Lydie Massard, Sara Matthieu, Liudas Mažylis, Nora Mebarek, Dace Melbārde, Marina Mesure, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Nikos Papandreou, Francesca Peppucci , Margarita de la Pisa Carrión, Jessica Polfjärd, Stanislav Polčák, Erik Poulsen, Nicola Procaccini, Frédérique Ries, Manuela Ripa, María Soraya Rodríguez Ramos, Maria Veronica Rossi, Silvia Sardone, Günther Sidl, Ivan Vilibor Sinčić, Sara Skyttedal, Michaela Šojdrová, Maria Spyraki,  Edina Tóth, Achille Variati, Idoia Villanueva Ruiz, Petar Vitanov, Thomas Waitz, Mick Wallace, Jörgen Warborn, Emma Wiesner, Michal Wiezik, Alexandr Vondra, Veronika Vrecionová and Stefania Zambelli.