1. What’s new from Brussels?
ECF gratefully acknowledges financial support from the European Commission.
What’s new from Brussels?
Fabian Kuester, September 22, 2017

2. Outline Energy Performance of Buildings Directive
Motor Vehicle Insurance Directive
Cycling in national Climate Protection strategies?

3. Revision of the Energy Performance of Buildings Directive

4. EPBD No link with (e-)mobility Directive 2010/31/EU
Commission proposal
No link with (e-)mobility
Non-Residential
- 1 per 10 parking spaces to be equipped with a recharging point
- Applies to all new buildings and buildings undergoing major renovation
- Applies to all buildings with more than 10 parking spaces
- Applies as of 01/01/2025
Residential
- Include the precabling for every parking space to enable the installation of recharging points for electric vehicles for every parking space

5. Core message EU Cycling Strategy
Level-playing field for cycling with other modes of transport! → Include e-cycling in e-mobility policies

6. Current E-bike market in the EU
Average annual growth rate – 2015: 16 %
2016: 25 % (1.66m units)
Total stock 12/2016: 8.2 million units
Expected total stock 12/2017:
10 million units

7. E-Bike market: projections 2030
Assumptions/ Calculation:
Average annual growth rate of e- bike sales 2017 – 2030: 16%
Sales in 2030: 12 million units (= 60 % market share)
Total sales : 86 million units
E-bike: 8 years in use
Sales 2023 – 2030: 62 million units

8. Supporting e-bikes
E-bikes are more expensive and heavier than ‘normal’ bicycles
→ Need for theft-secured and easily accessible bicycle parking facilities in or adjacent to buildings (+ installation of household power points)

9. Bicycle parking in building codes
Country
National
Regional
Local
Austria No
Most Regional Building Codes give local authorities the competence to Regulate.
Exception: Upper Austria
Denmark
Yes – Regulation on Principle -
Local Authorities have to decide on concrete provisions
France
Yes – Strict Regulation
Germany
Can be regulated by Länder through Regional Building codes.
Hungary
Ireland
No – But guidelines to local authorities
Local Authorities can decide on concrete provisions
Italy
Luxembourg
No (Except public building built by the state)
Norway
No – But enables local authorities to set minimum and maximum numbers on bicycle parking
Poland
Slovakia
Sweden
No - But guidelines to local authorities
Switzerland
Can Be regulated by Cantons. Example: - Zürich

10. ECF findings and recommendation
Provisions on bicycle parking in building codes is left to the discretion of local authorities
Strict national (France, Hungary) or regional regulation (Germany, Austria) only in few countries; DK: national principles
→ Hence:
Member States should set minimum requirements for bicycle parking provisions in building codes (either at national or regional level)
[No one size fits all approach (different demand due to different levels of cycle use)]

11. Co-decision: coming up
1st Council position adopted in June 2017 (based on COM proposal, hence nothing on bicycle parking)
European Parliament ITRE Committee vote October 11, 2017; plenary vote?
Trilogue Commission – Parliament – Council: late 2017/ early 2018

12. Motor Vehicle Insurance Directive

13. Motor Vehicle Insurance Directive: What is it about?
Directive ensures that if a vehicle is insured for third party liability in one of the Member States, this cover applies in the territory of all Member States, and lays out conditions and specifications of use. Due to an insurance claims issue in Slovakia which rose to the European Courts there are now some confusions as to the scope and application of the Directive.

14. Slovenian Court Decision
content/EN/TXT/?uri=ecli:ECLI:EU:C:2014:2146
Slovenian farmhand hit by tractor on farm, tractor was not insured for 3rd party, Mr Vnuk unable to claim from EU insurance fund as Slovenian court decided that the tractor did not require 3rd party insurance (and therefore not valid within the scope of the Directive, therefore no fund money)

15. EU Court decision He took it to EU court.
The EU court ruled that according to the Motor Vehicle Insurance Directive
“…any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer, whether or not coupled;”
This means in the eyes of the EU Courts any ‘mechanically’ propelled vehicle on any ground must have third party insurance

16. Consequently This means that currently now according to the courts
Fairground rides
All farm vehicles
All vehicles competing in sports
All mobility scooters
All children's toys with a small motor
Etc etc,
And also electric bicycles now require 3rd party mandatory insurance. In fact does mechanically propelled vehicles include bicycles. Some Member States may interpret it to be so!

17. In reality!
This is silly and the Commission recognise this and will be updating the Directive
With regards to the scope of the Directive they are mainly considering two options
Scope = all mechanically/motorised vehicles on public roads
Scope = to specifically exclude vehicles from the Directive
The Commission is favouring the first which would mean that pedelecs/eBikes are still included
We would favour the second to specifically exclude pedelecs/bicycles (in conjunction with the first)

18. Article 5 - This may be important to know
Within the Directive Member States can officially exclude vehicles from the Directive; for example Romania has excluded bicycles, Netherlands excluded pedelecs, Austria has said that “Electric powered bicycles with a maximum power of 600 Watt and a model-specific maximum speed” are exempt
But
If we don’t do this at the EU level we will have a patchwork of national laws on the use, and regulation of pedelecs. And will increase the workload of member states and how they deal with insurance.

19. Clear exclusion of pedelec and bicycles
What do we want?
Clear exclusion of pedelec and bicycles
Either
Exclude vehicles that are not type approved OR
Include text that ‘pedal assisted’ and ‘solely pedalled’ vehicles are excluded
Or both
Ideas on text and wording gratefully received

20. Next steps
We are at consultation at the moment, we have met commission and we will be producing a more detailed paper
_en
There are other issues at stake that may interest you so take a look
Feel free to answer the consultation (ECF recommendation: ask for exclusion of lower powered pedelecs and bicycles!)
Commission will release a proposal early 2018, and then we will be into the full co-decision procedure

21. Climate Protection strategies?
Cycling in national
Climate Protection strategies?

22. Transport and Climate Change – SLoCaT Global Status Report
Which National Governments link their climate action policy clearly to cycling?
Docs where these links are documented?
Detail, but very interesting: Do governments put a ‘CO2 saving target’ to ‘more cycling’?

23. ECF gratefully acknowledges financial support from the European Commission.
Thank you