Author Archives: Annick Roetynck

About Annick Roetynck

Annick is the Manager of LEVA-EU, with decades of experience in two-wheeled and light electric mobility.

• France introduces new moped category in traffic code

  17/01/2022 20:50 Comments Off on France introduces new moped category in traffic code

  The French government has created a new vehicle category in its traffic code for so-called “cyclomobiles légers“, light mopeds. This initiative seems to be aimed at accommodating e-scooters with a saddle and e-bikes without pedals. Unfortunately, there are hardly any legal vehicles to populate this category. What’s more, this initiative has missed a great opportunity.

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  The French government has created a new vehicle category in its traffic code for so-called “cyclomobiles légers”. The word “cyclomobile” has not yet made it to the Larousse dictionary. The French word for moped is “cyclomoteur“. According to the new legislation, the term cyclomobile léger stands for a lighter version of the moped. In fact, the category includes electric scooters and self-balancing vehicles with saddles and so-called electric bicycles without pedals.

  According to Decree N° 2022 of January 14, 2022, the category is intended for vehicles with:

  • a maximum speed of 25 km/h
  • a non-thermal motor with a maximum net power of 350W
  • unloaded weight of < 30 kg
  • without any facilities for the transport of goods.

  With regard to the conditions of use, the cyclomobiles légers are equated with the French category for so-called “engins de déplacement”. That means:

  • Minimum age of 12 years
  • Helmet not compulsory
  • Civil liability insurance
  • No number plate
  • Riders must wear a reflective safety vest in the dark or when visibility is limited

  In practice, the new legislation will bring little change and risks to cause misunderstandings. LEVA-EU immediately received a triumphant email pointing out that from now on all e-scooters and self-balancing vehicles with saddles and e-bikes without pedals are legal in France. Unfortunately, that conclusion is incorrect.

  The legal text contains a notice to point out that cyclomoteurs légers are a subcategory of mopeds and as a result subject to the type-approval for the L-category. Article 3 of the new Decree inserts the definition of cyclomoteur léger into the traffic code, more specifically as the second paragraph of Article 4.1.2 of Article R311-1. The first paragraph stipulates “vehicle of subcategory L1e-B: vehicle of category L1e other than L1e-A.”

  This means that all cyclomobiles légers still need to be type-approved as L1e-B in accordance with Regulation 168/2013 and its 4 implementing Regulations.

  The risk of misunderstanding is immediately apparent in an article on the French blog MiniMachines.net. A comprehensive analysis completely overlooks the fact that the vehicles remain subject to the technical requirements and type-approval of the L-category (Regulation 168/2013). In addition, it is claimed that the category also covers electric bicycles with more than 250W and a throttle. That is of course completely incorrect because such electric bicycles fall under L1e-A and not under L1e-B.

  Moreover, with this decree, the French government has missed an enormous opportunity, especially for such a literally large country, where speed pedelecs could play an important role in bridging distances that are not feasible for classic (e-)bicycles. In one and the same move, the French government could also have created a subcategory for speed pedelecs in the traffic, as Belgium has done. Adjusted terms of use could therefore have been introduced for that subcategory. It is painful that such initiative for a category with great potential has been overlooked, whereas an initiative has been taken for a category for which hardly any vehicles have been approved.

  Nevertheless, LEVA-EU is pleased with the French decree because at least one of the LEVA-EU members will be able to bear the fruits of it. The Swedish company Vässla is one of the few manufacturers that has a type-approved e-bike without pedals on the market. That vehicle has now instantly become a lot more attractive to the French public.

• New Machinery Regulation: SBS backs LEVA-EU plea for LEV-exclusion

  20/12/2021 18:21 Comments Off on New Machinery Regulation: SBS backs LEVA-EU plea for LEV-exclusion

  Recently, SBS has published a position paper on the proposal for a revision of the Machinery Directive. The proposal, published in April, is currently under discussion in the Committee on the Internal Market and Consumer Protection (IMCO) of the European Parliament.

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  SBS is a non-profit association co-financed by the European Commission and EFTA Member States. Its goal is to represent and defend small and medium-sized enterprises’ (SMEs) interests in the standardisation process. With Eddie Eccleston, LEVA-EU has an SBS-expert in CEN TC 333

  SBS is generally supportive of the Commission’s proposal and is optimistic regarding the ongoing discussion in the European Parliament. However, SBS warns that several points require improvement in order to create a piece of legislation that supports SMEs. One of those points is the exclusion of all means of transport from the new Machinery Regulation.

  On that point, SBS supports the position of LEVA-EU unreservedly. We quote from the SBS-position paper: “SBS welcomes the exclusion of light, electric vehicles (LEVs) from the Machinery Regulation and deeply regrets all IMCO amendments aimed at preventing such exclusion. This exclusion is essential to allow for electric cycles and LEVs in general to realise their full potential and contribute to cutting GHG emissions. The exclusion is further justified by the fact that Machinery legislation is not meant to regulate risks exclusively related to the transport of persons or goods.

  Exclusion from the Machinery Regulation will not create a legal vacuum since the vehicles will temporarily come under the General Product Safety Directive. Manufacturers will be able to continue to use existing EU standards such as EN 15194:2017 and EN 17128:2018. For the LEV sector, where SMEs are a majority, it is important to be able to rely on standards to be able to put their products on the market. However, the harmonisation of these standards under the Machinery Directive is becoming increasingly difficult because the EHSRs have not been developed specifically for means of transport such as LEVs.

  As things stand, both the Machinery Directive and Regulation 168/2013 prove to be inadequate for LEVs, and the development of a horizontal legal text with general safety requirements for means of transport not subject to type-approval complemented with harmonised standards is by far the preferable option. In a recent study on 2 and 3-wheel vehicles, quadricycles and Personal Mobility Devices (PMDs), carried out at the request of the European Commission the conclusion is that “a dedicated system for the harmonised approval of PMDs that is separate from both Regulation (EU) No 168/2013 and the Machinery Directive” is the preferred way forward. Therefore, the exclusion of LEVs from the Machinery Regulation should be only the first step towards the development of effective, tailored European legislation on LEVs. SBS calls for the European Commission to urgently take such a step and propose as soon as possible a new proposal for legislation specifically covering LEVs.”

  The IMCO amendments were inspired by parties who predict that moving vehicles from the Machinery Directive to the GPSD, in anticipation of specific LEV-legislation will “lead to uncertainty in the industry”, as stated in the CONEBI position. The trade association for the bicycle industry also argues that the current Machinery Directive is “a key legislation for the EU Bicycle Industry” and the harmonisation of EN 15194:2017 has “consistently ensured that a safe product is being place on the European market.” CONEBI also intimates that exclusion of vehicles from the new Machinery Regulation may “undo years of standardisation work of the industry”.

  All these assertions and predictions are unfounded and factually incorrect. EN 15194:2017 has not consistently ensured that a safe product is placed on the EU market. The common sense and sense of responsibility of the assemblers in this sector has consistently ensured those safe products.

  CONEBI conveniently fails to mention that there have been several national objections against the standard for failing or missing requirements. The Dutch objection against the battery requirements was the fiercest objection. Exclusion from the Machinery Regulation will hardly have an impact on the standardisation work done throughout the years. The EN 15194:2017 will survive with all its flaws. It will only loose its harmonisation under the Machinery Regulation.

  Again, for convenience, CONEBI forgets to mention that the standard for electric mountain bikes and for PLEVs never made harmonisation under the Machinery Directive. This is primarily because the Machinery Directive was never intended for vehicles. We are now continuously confronted with this problem in TC333/WG9, where we are developing standards for electric cargocycles. If vehicles were to be excluded from the Machinery Regulation, then we will no longer have to waste time on developing  requirements just for the sake of the Machinery Directive, which do not have much to do with the safety of electric cargocycles.

  Finally, CONEBI conveniently fails to mention that the amendments tabled in IMCO to get vehicles back into the Machinery Regulation are not limited to EPACs but cover all vehicles currently excluded from Regulation 168/2013. In addition, CONEBI has never advocated specific and accurate technical legislation for EPACs and other LEVs. They just argue in unison for the status quo.

• Season’s Greetings from LEVA-EU

  12:33 Comments Off on Season’s Greetings from LEVA-EU

  Annick, Bram, Eddie, Willow, Thoa and Dennis at LEVA-EU would like to thank all of you for your support and cooperation in 2021. We are looking forward to working with you in the new year to continue putting many more light, electric vehicles (LEVs) on the European roads and streets. More LEVs means more sustainable transport and therefore happier, healthier and safer European citizens. During the holidays, we will be taking a break. We will therefore not be publishing our weekly newsletter. You will receive the first newsletter in the new year on Tuesday 11 January 2022. We wish you a Merry Christmas and a Happy, Healthy and Safe New Year for you and your loved ones!

  

• Reduced VAT-rate for electric bicycles in sight

  13/12/2021 17:46 Comments Off on Reduced VAT-rate for electric bicycles in sight

  On 7 December, the Council reached agreement on a proposal to update EU rules on rates of value added tax (VAT). The new rules reflect member states’ current needs and the EU’s present policy objectives, which have changed considerably since the old rules were put in place. The updates ensure member states are treated equally and give them more flexibility to apply reduced and zero VAT rates. The rules will also phase out preferential treatments for environmentally harmful goods.

  The EU VAT-system today is such that Member States use the so-called “normal rate” as a general rule, while the EU holds a list of products and services to which a reduced rate may be applied by the Member States. That Annex III in the existing Directive 2006/112/EC has been thoroughly reviewed.

  The update of the list was driven by a number of principles, such as the benefit of the final consumer and the general interest. However, to prevent a proliferation of reduced rates, the Council decided to limit the number of items to which reduced rates could be applied. In addition, the Council introduced environmentally-friendly goods and services in the list for which reduced rates are allowed, such as solar panels, waste recycling services and electric bicycles!

  To date, bicycle repairs was the only service included in Annex III. Now the Council has made it possible to apply the rate of minimum 5% to all aspects relating electric bicycles. The Council has decided to add the following point (25): “Supply of bicycles, including electric bicycles; rental and repairing services of such bicycles.”

  The existing point (5) in the list was amended to include all vehicles. The new point stipulates: “Transport of passengers and the transport of goods accompanying them, such as luggage, bicycles, including electric bicycles, motor or other vehicles, or the supply of services relating to the transport of passengers.”

  It is still up to the Member States to decide whether they grant the reduced rate. One country has already made a clear choice. Quite a while ago, the Belgian Parliament approved a proposal to reduce VAT on electric bikes from 21% to 6%. However, that could not be executed until the EU would amend its harmonised VAT-legislation. That is now in sight, once the European Parliament has given its advice the Council can go ahead with the formal approval and implementation.

  Photo by Christian Lue on Unsplash

• Debate in Dutch Parliament on LEV-framework: what is the problem?

  06/12/2021 21:17 Comments Off on Debate in Dutch Parliament on LEV-framework: what is the problem?

  Last week, the Dutch Minister for Infrastructure and Water, Barbara Visser, entered into a debate with (literally) a handful of MPs on the LEV-Framework. This framework is meant to impose additional requirements, including technical ones, on (e)cargocycles. Another part of the framework sets out conditions for e-scooters and self-balancing vehicles with steering to be approved for use on public roads. The debate left one question, albeit a fundamental one, unanswered: what problem is the Minister trying to solve? None of those few MPs present thought of asking that fundamental question.

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  The debate on the LEV-framework was just part of a larger discussion on traffic safety. Last year, 610 people perished on Dutch roads. That is almost 8% less than in 2019. However, the largest victim group was the one of the cyclists: 229 victims, which is 26 more than in 2019, and 1 more than in 2018. One third of them were riding an e-bike. The Dutch Central Bureau for Statistics (CBS) does not have any separate statistics for (e)cargocycles. It is therefore impossible to establish whether there these have been involved in more or less accidents. As for e-scooters and self-balancing vehicles, in as far as they are included in the statistics, they could only appear in the category “others and unknown”, in which there were 8 deadly victims last year. Also, the higher number of dead cyclists has not been put into relation with increased number of (e)bikers on the road.

  In the debate, both the Minister and the MPs pledged that they would do everything necessary to get the numbers down. And that is where the LEV-framework comes in. The Minister did not bother explaining how the LEV-framework would avoid road victims and the MPs did not bother asking. From there onwards, the debate turned into a textbook example of technocracy at its worst. The Minister repeated once more that the LEV-framework was a response to the report of the Dutch Safety Board after the accident with the Stint in 2018. She wasn’t asked by the MPs why (e)cargocycles, e-scooters and self-balancing vehicles, all very different from the Stint, where chosen to pay the price.

  She went really wrong a few times with her explanation about the need for the LEV-framework. For instance, she argued that e-scooters should not be granted the same status in traffic as bikes and e-bikes (25 km/h) due to the lower level of damage bikes and e-bikes cause to third parties. Ek = ½m·v2, anyone?

  She also announced the possibility of introducing “alternative means of compliance” next to homologation by RDW (official Dutch testing service) for LEVs in the Netherlands. However, she warned that “there is very little experience in the market with alternative means of compliance“. Thus, she seems to be totally unaware of the fact that legally required compliance with Machinery, EMC and RoHS for LEVs is allowed through this “alternative means of compliance” and used for many millions of LEVs in Europe, including the Netherlands.

  She also announced research into the safety risks of (e)cargocycles in city logistics. She said that to date this was a “blind spot” in the knowledge of the Ministry. And yet, throughout the whole debate she argued that the LEV-framework is absolutely essential to ensure road safety. Isn’t it logical to assume that there are already negative road safety facts available to underpin the LEV-framework?

  On top of all this, the Minister has simply ignored a number of critical reports. In June 2021, the Antea Group carried out an impact analysis of the LEV framework at the request of the Ministry. The conclusions contained a number of fundamental objections and recommendations for adjustments. The Ministry also requested the HAN LEV Knowledge Centre to assess the draft technical requirements for the new LEV framework. That report, published in June 2021, also contained a lot of (sometimes very) critical comments and remarks. The Ministry has never said a word about either report, and no, the MPs have not asked about it in the debate either.

  Finally, there is the verdict of July 2021 in which a judge in The Hague acquits a rider of an electric scooter. He had previously incurred a fine of €380 for using an unapproved e-scooter on a public road. The judge concluded that vehicles should only be approved for road use if they belong to one of the European harmonized vehicle categories L, M, N, O, T, C, R or S. Because it could not be proven that the e- scooter belonged to one of these categories, the judge acquitted the man. The LEV-framework appears to be based on the Ministry’s proposition that not only vehicles in L, M, N, O, T, C, R or S must be approved for on-road admission, but also (e)cargocycles, e-scooters and self-balancing vehicles. The question is then why e-cargocycles are already allowed on public roads without approval and e-scooters and self-balancing vehicles are not. Another question is why in this line of reasoning bicycles and e-bikes should not be approved for on-road approval.

  Make no mistake, this is by no means a plea for a specific Dutch on-road approval of bikes, e-bikes nor for (e)cargocycles, e-scooters or self-balancing vehicles. On the contrary, all this is meant to show that the LEV-framework is unfounded, it will not guarantee fewer road deaths and it will undoubtedly have a negative on the sustainability of mobility in the Netherlands. Introducing specific traffic rules for new types of vehicles, fine, but developing a specific Dutch framework aimed at making the vehicles involved “more bicycle-like” is a bridge too far.

  Just before the debate, LEVA-EU, the electric mobility association Doet, International Cargo Bike Festival and the user group Legaal Rijden, sent a joint letter to the MPs and to the Minister to confront them once again with the fact that the planned LEV-framework is in breach of European regulations. That proved yet another issue the MPs and the Minister did not want to go into that too deeply. During the debate, the minister casually mentioned that she would submit the Dutch plans to the Commission for approval.

• Watch out for LEVA-EU phishing mail!

  29/11/2021 14:41 Comments Off on Watch out for LEVA-EU phishing mail!

  The email account annick@leva-eu.com has been hacked. As a result, many of you have received a phishing email inviting you to click on a link in the mail signed by LEVA-EU manager Annick Roetynck. The title of the mail includes either “Re” or “FW”. Please do not open the mail and do not click on the invitation to review a document.

  We sincerely apologise for the inconvenience this may have caused you.

  The LEVA-EU team

  Photo by Brett Jordan on Unsplash

• LEVA-EU welcomes new Staff Member

  15/11/2021 22:18 Comments Off on LEVA-EU welcomes new Staff Member

  LEVA-EU is pleased to welcome Thoa Nguyen as Policy Trainee.  Thoa is a graduate in International and European Law, for which she studied at Ghent University (B) and the University of Wroclaw (PL). 

  Originally from Vietnam and having lived for a long time in different European countries, Thoa has extensive knowledge of EU policies from multi-disciplinary and cross-cultural respects. She has a strong interest in sustainable mobility and external relations with non-EU countries.  

  Thoa will assist LEVA-EU Manager Annick Roetynck in policy and lobbying work. She will also assist in advising and assisting LEVA-EU members with the questions they have on LEV-rules and regulations.  

  The LEVA-EU team now consists of:

  • Annick Roetynck, Manager
  • Bram Rotthier, Technical Director
  • Eddie Eccleston, SBS Expert
  • Willow Hu, Digital Marketing Support
  • Dennis Hu, Director Chinese Relations
  • Thoa Nguyen, Policy Trainee

  All further details on the LEVA-EU team are here: https://leva-eu.com/people/

  

• Meet LEVA-EU at World of eMobility

  08/11/2021 13:34 Comments Off on Meet LEVA-EU at World of eMobility

  Join LEVA-EU at the first edition of World of eMobility, which will take place from Thursday 18 till Saturday 20 November in Expol Haarlemmermeer in the greater Amsterdam area.

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  World of eMobility is a new B2B and B2C event for the entire electric mobility world. World of eMobility is a show combined with lectures, seminars and infotainment. LEVA-EU will be present at World of eMobility with an information stand. Although the event is for both professionals and consumers, the two target groups will be kept separate.

  As LEVA-EU will be present at World of eMobility with an information stand, the event is an excellent opportunity to meet with LEVA-EU manager, Annick Roetynck. If you wish to speak with Annick, you can prebook a 45 minute appointment here: https://calendly.com/annick_leva-eu/world-of-emobility

  On Thursday 18 November from 12 till 12.30, Annick Roetynck will speak about accurate technical legislation for light electric vehicles in the Netherlands and in the EU.

  More details: World of eMobility – The ultimate stage

• New lightweight wheel for heavyweight cargocycles

  12:18 Comments Off on New lightweight wheel for heavyweight cargocycles

  LEVA-EU Member Alligt introduce their third 20″ wheel, CBW3 (Cargo Bike Wheel 3), made of high quality plastic with fiberglass. It is designed for the heavier multitrack cargocycles up to 600 kg with 4 wheels. After some further testing, Alligt is hoping to release it for a static load of 150 kg per wheel and for assistance up to 25 km/h. The weight of the plastic part of the wheel is 1.4 kg, the weight of motor plus wheel is around 5 kg.
  
  The first motor, which has been specifically adapted for this wheel has been produced by the Canadian company Grin Technologies. The details for the motor attachment were developed in consultation with GRIN. Alligt want to further cooperate with GRIN with a view to facilitating future lightweight cargovehicles together and adapting wheel and motor to future market demand.
  
  The first pair of wheels will be assembled in the GoLo, a new cargocycle developed by LEVA-EU Member Flevobike. These motors then sit together with the bottom bracket generator from Bike2.dk in one of the possible drive lines. The GoLo with CBW2 front wheels and CBW3 rear wheels can be seen at World of eMobility on November 18,19,20 in the Expo Haarlemmermeer.
  
  More features of the wheels including 3D files can be found at cargobike-wheels.com.
  For all further details please contact Leo Visscher, +31 321 337 838, leovisscherkorver@gmail.com