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Directorate-General GROW
Ecosystems IV: Mobility & Energy Intensive Industries
(GROW.I)

Oudergemselaan 45
1040 Brussels
Belgium

Date

05 September 2023

Subject

Ban on combustion engine mopeds

Dear

With over 70% of the European Union’s population residing in cities and urbanisation
steadily increasing, European mobility and transport systems are increasingly facing
traffic-related challenges such as congestion, CO2-emissions and hazardous air
quality.1 These issues are highlighted throughout various EU communications and
policies.2 For example, standards on CO2 are explicitly mentioned as ‘key policy-
drivers’ in the transition towards zero emission mobility in road transport. Also the
EU’s 2020 Sustainable and Smart Mobility Strategy highlighted the importance of
the  uptake  of  zero  emission  vehicles.3  The  transition  towards  zero  emission  of
several  modalities  such  as  cars,  vans  and  trucks  is  already  on  the  agenda,  and
regulation  on  curbing  CO2-emissions    of  these  modalities  have  been  published
already (or even adopted).4 It is clear that serious effort is being undertaken by the
European Union in promoting zero-emission mobility, paving the way for a greener
and more sustainable future. Yet, a promising modality has been underrepresented
here – electric mopeds.

At this moment, sales of electric mopeds have steadily increased in the Netherlands.
In 2017, only 3% of the total new moped sales were electric, whereas in 2022, this
figure  reached  46%.5  EU-wide  there  is  also  a  significant  growth,  with  electric
mopeds making up 17% of the total sales in 2021, growing to 34% in 2022.6

The fast uptake of the zero emission variant of mopeds shows great potential for
future  market  developments.  However,  without  clear  rules  concerning  the  final
phase of the transition, these figures might stagnate in the coming years, making
it difficult to achieve a climate-neutral fleet of mopeds by 2050. Although the euro-
legislation on two- or three-wheel vehicles had a tremendous impact on cutting back
on  (CO2-)  emissions  of  fossil  mopeds  over  the  years,  it  is  not  enough  to  enable
market parties to make the final leap transitioning to 100 percent zero emission.7

Mobility strategy and action plan | European Commission

For instance the Sustainable and Smart Mobility Strategy, the European Green Deal, the Zero Pollution Action Plan, and

the New EU Urban Mobility Framework.

Sustainable and smart mobility strategy | European Parliament

CO₂ emission performance standards for cars and vans | European Commission

Half of new scooters emission-free | BOVAG (Dutch)

Sales of electric motorcycles and scooters in Europe in 2022 |epaddock.it

Research implies that there will remain a consumer demand for combustion engine mopeds. Therefore there will always

Persoonsgegevens

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Prog.dir. Duurzame Mobiliteit
DuMo 2

Date
5 September 2023

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The current framework regulation on approval and market surveillance of two- or
three-wheel vehicles and quadricycles does not suffice in achieving zero emissions,
as  this  does  not  mention  explicit  emission  limit  values  for  CO2.8  Another,  and
perhaps even more urgent problem then CO2-emissions, is the contribution of fossil
fuel  mopeds  to  emissions  of  carbon  monoxide  (CO)  and  hydrocarbon  (HC)
emissions, as well as high levels of exhaust particles. These emissions of mopeds
are still relatively high as compared to other (larger) vehicles, and negatively impact
both public health and the living environment.9 Fossil fuel mopeds especially pose
a risk to users of active mobility who are exposed to peak concentrations, such as
cyclists  and  pedestrians.  Cyclists  and  pedestrians  inhale  a  higher  dose  of  air
pollution due to their increased minute ventilation.10

As a result of these abovementioned problems, the Dutch Government has together
with market parties committed itself to two agreements: (1) making sure that 100%
of the new sales of mopeds with a maximum speed of 25 km/h are zero emission in
2025  (in  Dutch  this  particular  category  is  rather  popular  and  referred  to  as
‘Snorfietsen’) and (2) striving for 100% of all new moped sales being zero emission
in 2030.11 In order to be able to attain these targets and to keep on track of climate
neutrality in the mobility sector, the Dutch government is looking into the possibility
of a legislative ban on the sale of combustion engine mopeds in the coming
years. Hereby taking in account sufficient time for the market to anticipate on this
policy change and providing sufficient help to low-income consumers to buy a zero
emission alternative. Before the Dutch government announces this policy option to
the House of Representatives in October, we would like to ask for the support
of DG Grow on our national ambitions. We hope to receive your written feedback
on the policy option we draw in this letter.

The Dutch government is aware that the Regulation (EU) No. 168/2013 has provided
little room for member states to impose national prohibitive rules. However, Chapter
12 of Regulation (EU) No. 168/2013 (Article 46) at the same time does offer an
exception that allows denial of market access to vehicles if there is a “serious risk
to the health or safety of persons or to other aspects of the protection of public
interests covered by this Regulation”. It is due to both the risks to public health,
and the protection of public interests by taking mitigation measures against climate
change, that the Dutch government is considering a ban on the sale of new mopeds
with  a  combustion  engine.  The  annex  further  elaborates  on the  anticipated legal
basis  of  this  intended  policy  measure.  In  the  annex  it  is  further  argued  why
alternative policy options lack this clarity and are therefore less effective.

This letter calls upon the Directorate General GROW to recognize the importance of
the electric moped as a key component in the transition towards an integral zero
emissions mobility system and an improved air quality. A clean alternative of the
moped, together with active mobility and other small electric vehicles, can also play
an essential role in the accessibility of our congested urban environment throughout
the entire EU. By embracing electric alternatives with a clear zero CO2 standard,
the Netherlands can lead the way towards cleaner, more sustainable urban

remain a market for combustion engine mopeds, without government intervention.
8

Regulation (EU) No. 168/2013 (consolidated version) | European Union

Mopeds in the urban environment | TNO (Dutch)

The contribution of moped emissions to ultrafine and fine particle concentrations on bikelanes | Zuurbier et al., 2019

Dutch Climate Agreement | Klimaatakkoord (Dutch)

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Prog.dir. Duurzame Mobiliteit
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Date
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Annex
With the aim of protecting public health and to mitigate measures against climate
change the following two approaches for a legislative ban on the sale of combustion
engine mopeds are to be followed.

Public health
The Framework Regulation (No. 168/2013) is based on the internal market clause
(Article  114  TFEU).  However,  Article  114  TFEU  also  simultaneously  allows,  in
paragraphs  4  to  6,  the  possibility  to  deviate  from  the  harmonized  arrangement
under  certain  conditions.  Since  the  last  amendment  of  Regulation  (EU)  No.
168/2013, an important study has been published concerning the contribution of
moped  emissions  to  ultrafine  and  fine  particle  concentrations  on  bike  lanes
(Zuurbier  et  al.,  2019;  footnote  10  in  letter).  The  aim  of  this  research  was  to
quantify the contribution of both two-stroke and four-stroke moped emissions to air
pollution concentrations on bike lanes. The researchers recommend a switch from
combustion engine mopeds to electric powered mopeds as the policy option having
the largest effect of lowering the contribution of moped emissions to air pollution on
bike  lanes.  Although  it  is  to  be  expected  that  the  today’s  fleet  emissions  are
decreased since the data collection of the research in 2016, still cyclists' exposure
to air pollution can be greatly impacted by the remaining moped emissions. Due to
their engagement with physical activity cyclists have increased minute ventilation,
resulting  in  a  relatively  high  inhalation  of  polluted  air.  The  Dutch  government
expects that a ban on combustion engine moped can have an important role in the
long-term protection of the health of its many cyclists throughout the country.

Public interest: mitigation measures against climate change
As stated before, the Framework Regulation is based on the internal market clause
(Article  114  TFEU).  In  accordance  with  the  Framework  Regulation  (Article  6),
Member  States  cannot  prohibit,  restrict  or  impede  the  placing  on  the  market,
registration of or entry into service of vehicles, systems, components or separate
technical units on grounds related to aspects of their construction and functioning
covered  by  this  Regulation.  The  Dutch  government  observes  that  while  the
Framework  Regulation  does  set  emission  limit  values  for  CO,  NOx,  and
hydrocarbons, it does not include CO2. Instead, there are only rules regarding the
obligation  to  measure  and  report  emissions  (also  see  implementing  regulations
134/2014  and  2016/1824).  From  this,  the  Dutch  government  infers  that  the
Framework Regulation does not exhaustively harmonize CO2 emission standards,
leaving room for member states to establish their own rules regarding emission limit
values for CO2. The Dutch government intends to capitalize on this flexibility and
proposes setting the CO2 ‘zero emission’ standard - thus effectively implementing a
ban  on  the  sale  of  vehicles  with  internal  combustion  engines  -  as  previously
described under the section 'public health.'
The  Dutch  government  considers  a  ban  on  the  sale  of  mopeds  with  internal
combustion engines as the only reasonable possibility to achieve an emission-free
fleet of  mopeds  by  2050, without  incurring  disproportionate  costs  for large-scale
subsidies  for  demolition  of  fossil  mopeds  or  other  buy-back  schemes.  Generally,
mopeds have a lifespan of around ten years, according to industry organizations.
However, there is a significant group of consumers whose vehicles depreciate less
rapidly. Recent research conducted on behalf of the Dutch government, which has
not  yet  been  published,  indicates  that  one-quarter  of  moped  consumers  own

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Date
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vehicles that are over ten years old. Approximately 1 in 10 even possess mopeds
that  are  15  years  or  older.  To  ultimately  achieve  a  nearly  emission-free  fleet by
2050, a ban on new sales must be initiated in a timely manner.

Policy alternatives
With  the  ban  on  combustion  engine  mopeds,  we  want  to  make  zero  emission
mopeds the norm. Other alternative policy options lack this clarity and are therefore
less effective. The Dutch government is well aware that  Member States have the
possibility already to restrict access of vehicles with combustion engines to urban
centers  based  on  EU  emission  legislation  criteria  (e.g.,  the  Directive  on  National
Emission  Ceilings  or  the  Ambient  Air  Quality  Directives).  Although  those  type  of
policies are also an important contributor to zero emission mobility within and near
the restricted access areas, they are not sufficient to tackle the health problems on
the busy Dutch (bike) lanes outside those zones. It is not only the urban areas in
which we strive for a climate neutral fleet, but also in the suburban and rural areas
we need to provide a clear signal.
To  minimize  interference with  the  free  movement  of  goods,  proportionate  to the
protected objective, the Dutch government intends to engage in discussions with
Dutch  industry  organizations  about  a  reasonable  timeframe  for  the  ban  on  new
sales,  allowing  the  market  sufficient  time  to  anticipate  on  this  intervention.

Belang van de staat

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË –

EUROPEAN COMMISSION
DIRECTORATE-GENERAL FOR INTERNAL MARKET, INDUSTRY, ENTREPRENEURSHIP
AND SMES

The Director-General

Brussels
GROW.I.2/MN

Director General of
General Directorate for Mobility
Ministry of Infrastructure and Water
Management
Postbus 20901
2500 EX Den Haag
The Netherlands

Cc:

Ambassador
Permanent Representation of the
Netherlands to the EU

Dear

Thank you for your letter dated 5 September 2023, in which you share the Dutch
Government’s reflections on a possible ban on the sales of combustion engine mopeds to
promote zero-emission mobility and protect public health.

As  you  know,  since  1  January  2021,  all  motorcycles  and  mopeds  sold  in  the  European
Union  (EU)  must  meet  the  Euro  5  environmental  standard.  Some  niche  segments  (i.e.
enduro and trial motorcycles, three-wheeled mopeds designed for utility purposes and light
quadricycles)  have  been  granted  additional  lead  time  and  will  have  to  comply  with  the
Euro 5 environmental standard as of 1 January 2024. This brings the pollutant emissions
of L-category vehicles (i.e. mopeds, motorcycles, tricycles and quadricycles) to the same
level as Euro 6 cars.

Moreover,  durability  provisions  and  evaporative  emission  levels  are  equally  becoming
more  stringent.  The  motorcycle  industry  has  invested  heavily  in  research  and  product
development to develop Euro 5 compliant motorcycles equipped with technologies such
as 3-way catalysts with oxygen sensor controls, complex electronic engine management
systems, advanced fuel injection and variable valve timing and lift technologies. Another
important innovation is the progressive introduction of a second stage on-board diagnostic
(OBD), allowing advanced identification and flagging of malfunction and deterioration of
emission control systems. At the same time, a lot of progress has been made on industry
side to bring to market motorcycles with electric population systems.

Furthermore, a comprehensive policy is needed to stimulate demand for zero emission
vehicles, without barriers across our single market, while fully respecting the Union’s

Persoonsgegevens

international  obligations.  As  confirmed  in  your  letter,  the  sales  of  electric  mopeds  are
steadily increasing in the last years. In 2022, electric mopeds represented 46% of the total
new mopeds sales in  the Netherlands  and 34% of the total  sales in the EU.  Challenges,
however, still lie ahead for consumers to access and use electrically chargeable powered
two-wheelers in  a  satisfactory manner, especially  when it comes to  affordability, safety
and charging infrastructure.

Regarding the policy intention to ban the sales of combustion engine mopeds in the
Netherlands to facilitate the transition to zero emission mobility, I would like to remind
that such national measure(s) would need to be notified under the procedure set out by the
Single Market Transparency Directive 2015/1535 (

1). This will allow the Commission, as

well as other Member States, to issue reactions (comments or detailed opinions) in the
context of a more transparent review process. In the absence of a notified measure from
the Dutch authorities, the Commission services are not in the position to fully assess the
implications of the intended policy option on the internal market.

According to Article 6(3) of Regulation (EU) 168/2013 on approval and market
surveillance of two- or three-wheel vehicles and quadricycles (

2), Member States have the

obligation not to prohibit, restrict or impede the placing on the market, registration or entry
into service of vehicles, on grounds related to aspects of their construction and functioning
covered by this Regulation, if they satisfy its requirements, except in the cases provided
for in Chapter XII (vehicles, systems, components and separate technical units suspected
of presenting a serious risk or non-compliance). Consequently, mopeds complying with
the Regulation (and its implementing and delegated acts) are lawfully placed on the market
and should in principle freely circulate within the Union.

We have also noted that the intended measure is of a general nature and not limited in time
or to certain region(s) where issues with air pollution are present. Therefore, further
analysis would be needed to establish whether the same climate and air quality objectives
as that pursued by the intended measure could not be effectively and sufficiently achieved
by means other than a complete ban on the sales of mopeds with combustion engines in
the coming years.

We remain open to continue the dialogue with the Dutch authorities, as well as with the
other Member States in the dedicated fora on the ways to support the transition towards
attaining the Union’s increased climate neutrality goals in the mobility ecosystem.

Yours sincerely,

(1) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a

procedure for the provision of information in the field of technical regulations and of rules on Information Society
services, OJ L 241, 17.9.2015, p. 1.

(2) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval

and market surveillance of two- or three-wheel vehicles and quadricycles, OJ L 60, 2.3.2013, p. 52.

Persoonsgegevens