The Member States’ ambassadors to the EU (Coreper) approved the agreement on the end of combustion engines in 2035 on Monday 27 March, after several weeks of negotiations following Germany’s reversal of its position on the subject (see EUROPE 13149/4). In the wake of this, the Swedish Presidency of the Council of the EU put the issue on the agenda of the Council of Energy Ministers of the Member States on Tuesday 28 March for final adoption.
The agreement, already approved by the European Parliament on 14 February (see EUROPE 13121/13), should have been formally adopted by the Member States on 7 March. The Swedish Presidency of the EU Council was pushed to postpone the vote after Berlin announced on 27 February that it would only support the text if the European Commission presented a proposal to allow ‘e-fuels’ (see EUROPE 13134/1), which are supposed to be carbon neutral, after 2035.
“We have reached an agreement with Germany”, European Commission Executive Vice-President in charge of the European Green Deal Frans Timmermans said on Saturday 25 March, adding that the Commission “will quickly follow the necessary legal steps” to implement the delegated act to allow e-fuels after 2035, promised to Berlin.
“We are securing opportunities for Europe by keeping important options for climate-neutral and affordable mobility”, commented German Transport Minister Volker Wissing.
The delegated act is expected to be finalised by the Commission by the autumn. It should take the form of a new category of vehicles allowed to run on e-fuels after 2035. “We want the process to be completed by autumn 2024”, said the German transport minister.
A potential legal battle ahead
Although Germany has won its case despite the opposition of several Member States on this issue, the final outcome could still be some time away. Indeed, the Commission - like the European Parliament - wishes to avoid reopening the file. However, the delegated act will have to be approved by the Council of the EU and the European Parliament within 2 months of its publication in the Official Journal. However, several voices have already been raised, such as that of the chair of the European Parliament Transport Committee, Karima Delli (Greens/EFA, French), regarding a future “battle” led by the European Parliament to oppose the introduction of e-fuels in the list of usable fuels from 2035. “We found a majority in the Parliament the first time, we will do it again”, warned Ms Delli (see EUROPE 13147/8).
However, things do not stop here, as Germany has also demanded, as part of the agreement it has reached with the Commission, that the latter find a solution to avoid potential blockages that could occur on the side of the Parliament or other competent authorities.
“I am waiting to see the content before I decide on the legality of such an act. In any case, it will have to respect the agreement reached in the negotiations on CO2 standards”, commented Pascal Canfin (Renew Europe, French). (Original version in French by Thomas Mangin)