(2)

In its European Strategy for Low-Emission Mobility (21) the Commission announced that in order to meet the Union's commitments at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015, the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero-emission by mid-century. Moreover, emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay. This can be achieved by an array of policy initiatives, including the use of public procurement of clean vehicles.

(2)

In its European Strategy for Low-Emission Mobility (21) the Commission announced that in order to meet the Union's commitments at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015, the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero-emission by mid-century. Moreover, emissions of air pollutants from transport that are harmful to health and the environment need to be significantly reduced without delay. This can be achieved by an array of policy initiatives, including measures that support a modal shift towards public transport, and the use of public procurement of clean vehicles.

(4)

As was announced in the Commission's Communication ‘Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all’ (23) this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package, which is presented in the Commission's Communication ‘Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers, and defends its industry and workers’ includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system.

(4)

As was announced in the Commission's Communication ‘Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all’ (23) this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package, which is presented in the Commission's Communication ‘Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers, and defends its industry and workers’ includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system. The promotion of sustainable vehicles should be done in parallel with the further development of public transport, as the fastest and most cost-efficient way to reduce the number of vehicles on the road and consequently to improve air quality and reduce emissions.

(5)

Innovation of new technologies helps to lower vehicle emissions, supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles is likely to reduce emissions of CO2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and to promote competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles.

(5)

Innovation of new technologies helps to lower vehicle emissions, and reducing noise pollution while supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles will reduce emissions of CO2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and thus improve the air quality in cities and other polluted areas, while contributing to competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles and ensuring the development of alternative fuel infrastructures . Moreover, the principle of technological neutrality has to be the very basic principle of any effort in order to ensure and stimulate a competitive environment and encourage further research and innovation in this field. In order to reduce air and noise pollution and meet the Union Air Quality standards in urban and rural areas, concrete and ambitious policies and measures, including the use of public procurement of clean emission vehicles, are needed.

(5a)

Estimates for when price parity between internal combustion engine vehicles (ICEVs) and battery electric vehicles (BEVs) will occur range between 2020 and 2028. Moreover, several original equipment manufacturers (OEMs) have stated examples of price parity for some new models in 2020. Based on the lower operational costs of BEVs, the point of total cost of ownership (TCO) parity will come before the purchase price parity year, typically by 2 to 6 years.

(5b)

Market forecasts estimate that clean vehicles, such as fully electric cars, will drop in price substantially and become highly competitive and even cheaper to run than conventional vehicles in the 2020s, in particular when taking into account the total cost of ownership, due to reduced cost of batteries but also other cost reductions that will transpire as a result of lower fuel costs and lower maintenance costs associated with running an electric vehicle.

(5c)

While the Union is one of the leading regions for research and high value eco-innovation, the Asia-Pacific Region is hosting the largest producers of buses and batteries. Similarly, global market developments in battery electric vehicles are driven by markets in China and the United States, which together account for approximately 60 % of the global market, in comparison with 28 % held by the Union. An ambitious Union policy framework is thus needed to stimulate innovation and further promote competitiveness and growth of the European industry in the increasing global markets for clean vehicles and associated technology infrastructure.

(5d)

The Union needs to increase incentives that support the technological development of sustainable and recyclable batteries, which should be produced having in mind the need to minimise their environmental footprint.

(5e)

In order to be consistent with the objectives of sustainability, batteries should be produced with the minimum environmental impacts inside and outside the Union, especially regarding the process of extraction of material used for the building of the batteries. The greenhouse gas emissions during all the production process should be taken into account. The Commission should come forward, in line with the revision of Directive 2006/66/EC, with ambitious objectives of recyclability of batteries.

(6)

Public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU (24) and 2014/25/EU (25) set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods, works and services. In particular, they set overall thresholds for the volume of contracts to be subject to Union legislation, which also apply to the Clean Vehicles Directive.

(6)

Taking into account that government expenditure on goods, works and services represents around 14 % of GDP, accounting for roughly €1,8 trillion annually , public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU (24) and 2014/25/EU (25) set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods, works and services in compliance with the environmental requirements of purchased goods (including vehicles) . In particular, they set overall thresholds for the volume of contracts to be subject to Union legislation, which also apply to the Clean Vehicles Directive. In order to achieve this goal, the Directive should set out clear and transparent requirements and a simple calculation method for procurement objectives.

(6a)

The availability of charging and refuelling infrastructure is a prerequisite for any transport operation with alternative fuelled vehicles, including for public transport. Therefore, the aspects of fostering alternative fuels infrastructure for public transport should be strengthened in Directive 2014/94/EU. In the absence of a revision, the Commission should establish an action plan for public transport infrastructure.

(6b)

Member States should be allowed to mandate distributions system operators (DSOs) to own, develop, manage and operate a minimal critical mass of charging stations in the public domain with free access to all electricity suppliers, to ensure sufficient availability of charging points.

(6c)

Member States should be encouraged to explore possibilities to support the operation and reduce the costs of operating ultra-low emission vehicles in public services, for example by granting exemptions or reductions from energy taxes for ultra-low emission vehicles.

(8)

The Impact Assessment carried out underlines the benefits of changing the overall governance approach to clean vehicle procurement at Union level. Setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions, while noting the relevance to consider environmental aspects in all procurement decisions. The medium and long-term benefits for European citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities, entities and operators.

(8)

The Impact Assessment carried out underlines the benefits of changing the overall governance approach to clean and energy-efficient vehicle procurement at Union level. Setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions, while noting the relevance to consider environmental aspects in all procurement decisions. The medium and long-term benefits for European citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities, entities and operators.

(9)

Extending the scope of the Directive by including practices such as lease, rental and hire-purchase of vehicles, as well as contracts for public road transport services, special purpose road transport passenger services, non-scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered.

(9)

Extending the scope of the Directive by including practices such as lease, rental and hire-purchase and retrofitting of vehicles, as well as contracts for public road transport services, special purpose road transport passenger services, non-scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered , while existing contracts should not be retroactively affected by this Directive . Moreover, the Commission should examine the feasibility of clean procurement in other modes of transport.

(10)

There is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light- and heavy-duty vehicles. To ensure that there are adequate incentives to supporting market-uptake of low- and zero-emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO2 emission performance of cars and vans for the post-2020 period (26). Action carried out under the amended Directive will contribute to compliance with the requirements of these standards. A more ambitious approach for public procurement can provide an important additional market stimulus.

(10)

The amended Directive should contribute to the reduction of greenhouse gases and air pollutant emissions from light- and heavy-duty vehicles. To ensure that there are adequate incentives to supporting market-uptake of zero- and low-emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO2 emission performance of cars and vans for the post-2020 period (26). Action carried out in accordance with this Directive will also contribute to compliance with the requirements of these standards and will facilitate the deployment of the associated recharging infrastructure . A more ambitious approach for public procurement will provide an important additional market stimulus.

(10a)

In order to achieve an improvement of air quality in municipalities, it is crucial to renew the transport fleet to clean vehicle standard. Furthermore, the principles of the circular economy require the extension of product life. Therefore, the vehicles retrofitted to clean vehicle standard should also be counted towards achievement of the minimum procurement targets set out in Tables 4 and 5 in the Annex.

(10b)

Vehicles with zero emissions at the tail-pipe can also leave a significant environmental footprint due to the process of manufacture of the components and the level of recyclability or efficiency of production of fuel. Therefore, technologies that address this challenge, such as sustainable and recyclable batteries, should receive a higher level of support in terms of achieving the minimum procurement targets set out in Tables 4 and 5 in the Annex. Research and development of those technologies should also be promoted in other policies of the Union.

(10c)

The accounting of CO2 emissions should be based on a well-to-wheel approach in order to do justice to the entire fuel supply chain from the extraction phase to the tailpipe. This will provide a more accurate account of the overall emissions of a particular vehicle. Therefore, the Commission should establish the methodology for recording well-to-wheel emissions no later than 31 December 2022.

(11)

Light-duty and heavy-duty vehicles are used for different purposes and have different levels of market maturity, and it would be beneficial that public procurement provisions acknowledge these differences. The Impact Assessment illustrated the added value of adopting an approach based on alternative fuels until technology-neutral requirements for CO2 emissions from heavy-duty vehicles have been set at Union level, which the Commission intends to propose in the future. The Impact Assessment further recognised that markets for low- and zero-emission urban buses are characterised by increased market maturity , whereas markets for low- and zero-emission trucks are at an earlier stage of market development.

(11)

Two- and three-wheel, light-duty and heavy-duty vehicles are used for different purposes and have different levels of market maturity, and it would be beneficial that public procurement provisions acknowledge these differences. It should be further recognised that markets for low- and zero-emission urban buses are characterised by recent progression , whereas markets for low- and zero-emission trucks are at an incipient stage of market development.

(11a)

The potential of reducing emissions via public procurement alone is limited and public transport only contributes a small share of the emissions originating from the transport sector. Member States should therefore be encouraged to regulate the purchase of clean vehicles by other fleet owners, such as taxi, car rental and ride-pooling companies.

(12)

Setting minimum targets for clean vehicle procurement by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.

(12)

Setting minimum targets for clean vehicle procurement to be met by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.

(12a)

In its recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector  (10a) , the European Parliament called for on Member States to foster green public procurement policies through the purchasing of zero-emission vehicles (ZEVs) and ultra-low emission vehicles (ULEVs) by public authorities for their own fleets or for (semi-)public car-sharing programmes and for the phasing out new CO2-emitting cars by 2035.

(13)

The maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air pollution. Public authorities in Member States are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended Directive.

(13)

The maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air and noise pollution. Public authorities in Member States are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended Directive. In order to avoid disproportionate burden and optimise the potential results of this Directive, appropriate technical assistance should be provided to the public authorities.

(13a)

The amended Directive should contribute to a reduction of greenhouse gas and air pollutant emissions, and to the promotion of clean public road transport. It should avoid discouraging the development of non-road clean transport such as trams and metro trains.

(13b)

The thresholds laid down in this Directive are hard to implement without the development of marketable and technically mature products. To ensure that information regarding progress is regularly updated, the Commission should submit a report every two years assessing whether marketable solutions for clean vehicles exist. In addition, the Commission and the Member States should make greater financial and non-financial contributions to bringing such clean vehicles to market more rapidly.

(13c)

Having in mind the significant difference in financial leeway of private transport operators for the uptake of potentially more expensive alternatively fuelled vehicles, mechanisms should be made available in order to ensure a level playing field between public and private transport operators in bidding and tendering processes and that the costs of compliance with the minimum procurement targets established in this Directive are not passed on to local authorities, in particular for smaller municipalities, or lead to externalisation of occurring higher costs through higher ticket prices, higher local taxes or reduction of public transport services.

(15)

Reporting on public procurement under this amended Directive should provide a clear market overview to enable effective monitoring of the implementation. It should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years. To minimise administrative burden on single public bodies and establish an effective market overview, simple reporting should be facilitated. The Commission will ensure full reporting for low- and zero-emission and other alternative-fuel vehicles within the context of the Common Procurement Vocabulary of the Union. Specific codes in the Common Procurement Vocabulary will help the registration and monitoring under the Tender Electronic Daily Database.

(15)

Reporting on public procurement under this amended Directive should provide a clear market overview to enable effective monitoring of implementation. It should start with a preliminary report by Member States to the Commission in 2023, submitted within the framework of reports under Union legislative acts on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors, and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years. To minimise administrative burden on single public bodies and establish an effective market overview, simple reporting should be facilitated. Those reports should contain information on the steps undertaken to implement Directive 2009/33/EC and comply with the categories contained in the Common Procurement Vocabulary of the Union . The Commission should submit regular reports to the European Parliament and the Council on the implementation of Directive 2009/33/EC. The Commission should also assess whether construction site machinery could be included in the scope of Directive 2009/33/EC, and if so, work on a methodology to define ‘clean construction site machinery’.

(15a)

In order to better inform future policy making in the sector by providing a more accurate account of the overall emissions of a particular vehicle, capturing the entire value chain, the Commission should propose a methodology of counting life-cycle CO2 emissions and of well-to-wheel CO2 emissions of vehicles. Those emissions should be taken into account when the Commission carries out a review of Directive 2009/33/EC and of any other relevant legislation related to alternative fuel.

(16)

Further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and Union level. This includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact. The possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the Guidelines on State aid for environmental protection and energy 2014-2020 (27). However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.

(16)

Further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and Union level. This includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact. Regional pilot projects should also be encouraged, particularly in places where rural and urban areas interconnect. The possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the Guidelines on State aid for environmental protection and energy 2014-2020 (27). However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.

(16a)

In order to achieve further reductions of emissions and air pollutants Member States should be encouraged, where appropriate, to applied different incentives and mechanisms for fleet development in other sectors than those regulated in the amended directive.

(16b)

Member States should ensure that the cost of compliance with the minimum procurement targets established in this Directive are not passed on to local authorities and that sufficient financial resources are made available to contracting authorities and contracting entities.

(16c)

Targeted support measures for the procurement of clean vehicles are indispensable. In order to help achieve the objectives of this Directive, Member States shall expand their financial and non-financial incentives in order to speed up the market uptake of clean vehicles.

(16d)

The imposition of minimum procurement targets for light- and heavy-duty vehicles by this Directive will require additional financial resources for contracting authorities and contracting entities. Therefore, Union budgetary and financial policy after 2020 should take it into consideration to provide sufficient financial support for contracting authorities and contracting entities. That should be reflected in the future Multiannual Financial Framework and in the rules regarding sustainable finance and Union financial institutions.

(16e)

To ensure that public authorities are incentivised to purchase clean vehicles and Member States invest in the deployment of the alternative fuels infrastructure, but also to avoid the risk of such purchases leading to higher prices for passengers, the Union's budgetary and financial policy after 2020 should provide support for contracting entities. That should be reflected in the future Multiannual Financial Framework and the rules regarding sustainable finance and Union financial institutions. Additionally, Member States should expand the financial and non-financial incentives, and envisage environmental audits, in order to speed up the market uptake of clean vehicles. These efforts will reduce the initial high investment for the infrastructural changes and support the decarbonisation of transport.

(16f)

Under the current Multiannual Financial Framework (MFF), the Union possesses an array of different funds to support Member States, local authorities and concerned operators in their transition to sustainable mobility. Over the 2014-2020 period the Union has earmarked EUR 13,7 billion from the European Structural and Investment Funds for financing urban mobility. Horizon 2020, the Union's research programme, will provide around EUR 200 million for urban mobility and EUR 650 million for smart cities, and the Connecting Europe Facility will devote around EUR 200 million for calls for proposals for urban nodes. Under the next MFF, the Commission and the Member States should continue to support sustainable urban mobility projects and strengthen necessary synergies between the various funding sources and programmes. In particular, links between urban mobility, the new Digital Agenda and the Energy Union need to be reinforced, such as the possibility for the Connecting Europe Facility (CEF) to finance synergy projects with an extra co-financing rate for transport projects with energy and telecommunications elements entailing enormous potential for urban projects.

(16 g)

A more targeted use of Union financial instruments, such as the European Fund for Strategic Investments or the Cleaner Transport Facility by the European Investment Bank, which can help finance fleets and equipment, should be promoted. To this end, the availability of technical and financial advisory services to local authorities and operators, such as through the European Investment Advisory Hub, JASPERS, JESSICA, or Financial Instrument (FI) — Compass, should be enhanced in order to strengthen their institutional capacity, the preparation and implementation of projects and achieve an optimised use of Union funds and financial instruments including the de-risking of innovative tenders.

(16h)

Public authorities should be also encouraged to procure vehicles following the most economically advantageous tender (‘MEAT’) criteria as described in Article 82 of Directive 2014/25/EU, taking into account cost-effectiveness over the lifetime of the vehicle, as well as environmental, and social aspects.

(16i)

In order to maximise the impact of investments, mobility and urban planning need to be better coordinated, such as through the use of sustainable urban mobility plans (SUMPs). SUMPs are plans that are developed across individual policy areas and in cooperation with different levels of governance combining different transport modes, road safety, freight delivery, mobility management and intelligent transport systems. SUMPs can play an important role in achieving the Union’s targets regarding CO2 emissions, noise and air pollution reduction. Thus, the application of SUMPs should be an important element to be considered in financing Union projects in the area of urban transport, including in the implementation of this amended Directive. In this context, the Commission should provide the competent authorities with the necessary advisory and technical support in the development of SUMPs, taking full account of the principle of subsidiarity.

(16j)

In addition to supporting the uptake of clean vehicles, public procurements are drivers of new forms of mobility. While clean vehicles will be incentivised and lead to accelerated infrastructure deployment in urban areas, digitalisation will optimise passenger and freight transport efficiency. Multimodal and shared mobility, as well as integrated ticketing solutions are instrumental in the transition to Mobility as a Service.

(17)

In order to achieve the objectives of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to update provisions in respect of CO2 emission standards of heavy duty vehicles for a period of five years starting from [Please insert the date of entry into force]. This period should be tacitly extended for periods of the same duration, unless the European Parliament or the Council oppose such an extension. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(18 a)

In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law Making  (1a) , special focus should be given to the follow-up of the effects of Union legislation. The evaluation of Directive 2009/33/EC should provide the basis for impact assessment of options for further action. Therefore, the Commission, based on the best and latest available scientific evidence, should assess the need to review that Directive taking into account life cycle CO2 emissions and well-to-wheel CO2 emissions of vehicles in order to ensure the transparency and accountability regarding the fulfilment of policy objectives and should propose necessary improvement, if needed. If appropriate, the Commission should, in that regard, also review other relevant legislation related to alternative fuels.

(18b)

A major share of public transport procurement is related to local public transport bodies that are generally in the hands of local authorities with limited financial means. Rules on the procurement of clean vehicles should therefore neither create a significant additional financial burden nor lead to externalisation of occurring higher costs through higher ticket prices, higher local taxes or reduction of public transport.

(18c)

The Union needs to protect Union manufacturers from unfair competition in third countries, where Union manufacturers do not have access to public procurement tenders for the purchase, leasing, rental or hire-purchase of road transport vehicles. Therefore, the Commission should analyse unfair competition practices in third countries and take the appropriate measures to ensure the protection of European industry.

(1a)

(1b)

(ca)

European Union Institutions, Agencies and Bodies.

4.

‘clean vehicle’ means

4.

‘clean vehicle’ means a vehicle, irrespective of category , that is powered by alternative fuels as defined in point (1) of the first paragraph of Article 2 of Directive 2014/94/EU, excluding biofuels that are not produced from feedstocks listed in part A of Annex IX of Directive 2018/… (RED II) or that are produced from palm oil  (*) , and including hybrid vehicles in which electricity is used only for part of the operational use of the vehicle, low-emission vehicles and zero-emission vehicles. For vehicles with internal combustion engine, real driving emissions (RDE)  (**) as percentage of emission limits  (***) cannot exceed 80 %.

(a)

a vehicle of category M1 or M2 with a maximum tail-pipe emission expressed in CO2 g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;

(b)

a vehicle of category N1 with a maximum tail-pipe emission expressed in CO2g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;

(c)

a vehicle of category M3, N2 or N3 as defined in Table 3 in the Annex.

4a.

4b.

4c.

(4)

(5a)

(5b)

(5c)

(7)

(8)

Article 9 is replaced by the following:

(8)

Article 9 is deleted

(aa)

(ab)

(ba)

the following paragraph is added:

(bb)

the following paragraph is added:

(bc)

the following paragraph is added:

(bd)

the following paragraph is added:

(be)

the following paragraph is added: