Law 4/2016, Of 10 March, Promotion Of Electric Vehicles

Original Language Title: Llei 4/2016, del 10 de març, de foment del vehicle elèctric

Read the untranslated law here: https://www.bopa.ad/bopa/028022/Pagines/CGL20160329_09_43_24.aspx

CGL20160329_09_43_24 law 4/2016, of 10 March, to promote electric vehicle Act 4/2016, of 10 March, to promote electric vehicle since the General Council in its session of 10th March 2016 has approved the following: law 4/2016, of 10 March, to promote electric vehicle exhibition of illustrations in Andorra almost 60% of the energy consumed depends on the oil-imported 100%-while the rest corresponds to the electrical power consumption. From this figure it is clear that the massive use of this primary energy is the main cause of atmospheric emissions generated by the man from the use of domestic fuel but the fuel of locomotion.
In the white paper on energy in Andorra-posted by the Government in July 2012-will demonstrates the high degree of influence that has the transport sector in the overall calculation of greenhouse gas emissions in Andorra.
The awareness of the Government of Andorra in the conservation of the environment led to the accession of Andorra to the United Nations Framework Convention on climate change on March 2, 2011. With this commitment is to achieve stabilization of greenhouse gas concentrations in the atmosphere at a period sufficient for ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable way.
One of the policies of mitigation of climate change, with positive effects on the mobility of people, is to promote the development of sustainable mobility. As well, the introduction of electric vehicles with zero emissions of polluting gases, is today one of the cleaner technologies in the transport of people and goods.
The Principality of Andorra, to its geographical characteristics and in accordance with the use of the vehicles on the part of the population (half of the daily journeys made by light vehicles in the Principality of Andorra are less than 5 kilometres and 90% of journeys are less than 15 kilometres), it is an area that meets the conditions to introduce the use of electric vehicles in accordance with current technology.
These conditions and the will of the Government, along with the common, FEDA, the companies distributors of electrical energy, the Automobile Club of Andorra (ACA) and the Association of Importers of Vehicles of Andorra (AIVA), to promote policies in favour of sustainable mobility and in particular of electric mobility, are part of the cooperation agreement for the implementation of the electric vehicle and hybrid in Andorra from 17 September 2015.
The role of the Government in the implementation of an overall strategy aimed at the acquisition of vehicles with electric mobility happens first to identify and propose to eliminate barriers with respect to the legislation in force to facilitate the circulation and the introduction of these vehicles.
So, with this law aims to develop sustainable national transport to meet the objectives mentioned above. The axes of improvement focuses on the optimization of transport systems and in the implementation of particular vehicles shortly pollutants. More specifically, it is to encourage the use of pure electric vehicles, plug-in hybrids and electric extended autonomy, because these vehicles are adapted to the types of routes are mostly made in Andorra without any emission into the atmosphere.
Some provisions of the Bill contain exceptional measures to be implemented during the first years of application of the standard, and others modify the legislation on aspects related to electric mobility. Specifically, modifies the law of circulation, of 10 June 1999, to regulate the registration of electric mobility vehicles and to update the definition of category A2 driving permits for motorcycles or other vehicles of three or four wheels. Are removed the requirements set forth in the article of the law of circulation code 167.10 regarding controls and checks that must be made in the service of technical inspection of Vehicles for the obtaining of the ITV badge, which are set by regulation. Additionally, it modifies the article 143 of the law code of the movement to include the obligation to register in the registration certificate (yellow card) the value of CO2 emissions, as well as the type of engine euro, for vehicles with combustion engine. With regard to the value of CO2 emissions, this obligation was already established for vehicles registered as of January 22, 2009, date of entry into force of the law 31/2008 of 18 December, economic reactivation measures, while not included in the law code of the circulation. And finally modifies the article 168 of the law code of the movement to lift, for vehicles with electric mobility, the restriction in relation to the value of the power/weight ratio.
With respect to facilitate the implementation of charging points in private car parks in buildings with owners, modifies the article 8.1 of the law 12/2004, of 30 June, horizontal property, amended by law 25/2008, of 20 November, to extend the right of any owner to use the public areas to connect to the existing electricity meters are charging points for electric mobility vehicles on the parking places or in other proprietary areas, with secondary devices that allow us to meet your specific consumption and in accordance with the regulations in force.

The law also provides for a modification of the law on the tax on vehicle ownership, of 5 April 1994, to encourage little polluting vehicles site at the expense of more pollutants, and with the premise of maintaining the current collection. Thus, an innovative element of the fee is the replacement of the power of taxation (fiscal horses) by grams of CO2 emitted per kilometre, as a new base of taxation of the rate for cars and vans; While this new formula will only be applied to vehicles registered as of 22 January 2009 in the yellow card which appears on this information. Vehicles already registered before that date in the yellow letter of which appears on the level of CO2 emissions will continue meeting the rate depending on the power of taxation (fiscal horses), while the owners can opt to meet the rate according to the level of CO2 emissions as long as they sign up in the yellow letter of the vehicle this value, with the presentation of the corresponding request in the service procedure.
As for the trucks and buses, it also modifies the basis of taxation of the rate on vehicle ownership, which happens to be established according to the type of engine euro. For other categories of vehicles, mopeds and motorcycles, snowmobiles, trailers, agricultural vehicles and special vehicles, remains the basis of taxation of the rate over the possession of vehicles and only update the tax rate.
With the aim of facilitating the adaptation of the fleet to the new legislative framework, establishes, for vans, trucks and buses, a reduction in the tax on vehicle ownership during the first and second successive tax periods since the entry into force of this law. The reduction in the first tax period is 50%, and in the second, 25%.
The law also establishes incentives for the introduction of vehicles with electric mobility the exemption during the first three years of application of the law on the tax on vehicle ownership, as well as the rate of attribution of custom registration plate, in various categories, for these vehicles. The implementation of this law will be outlined in your regulatory development, and in particular in a program of promotion of the vehicle with electrical mobility.
Article 1. Object 1. This law aims to promote sustainable national mobility through the development of the use of electric mobility.
2. For the purposes of this law the use of electric mobility includes the pure electric vehicles, electric vehicles and plug-in hybrids vehicles extended autonomy.
3. The Government should draw up a plan for the development of electric mobility.
Article 2. Load point 1. It is understood by "point-of-load" a point of power supply for charging the batteries of electric mobility vehicles.
2. The loading must be installed in compliance with the conditions laid down by regulation.
3. In buildings of new construction, the parking areas will be equipped with the necessary facilities to be able to load the vehicles of electric mobility.
Additional provision the owners of vehicles registered up to the entry into force of this law on the yellow card which only contained information regarding the power in horses, they may choose to meet the tax rate on the possession of vehicles set according to the level of CO2 emissions, as long as you provide a certificate from the manufacturer of the vehicle or, if it is not possible , a centre accredited by specifying CO2 emissions in grams per kilometre to register this information in the yellow letter of the vehicle, with the presentation of the corresponding request in the service procedure.
Transitional provision 1. During the three successive tax periods, counting from the date of entry into force of this law, the owners of electric mobility vehicles are exempt from paying the fee on the possession of vehicles.
2. During the first and second successive tax periods, counting from the date of entry into force of this law, the owners of vans, trucks and buses will enjoy a bonus of 50% in the first period, and 25% in the second period, on the amount of the levy on vehicle ownership.
3. For a period of three years, counting from the date of entry into force of this law, the crime of electric mobility vehicles are exempt from paying the fee of attribution of a personalized registration plate of 2 letters and 3 numbers, of 3 letters and 2 numbers, of 4 letters and 1 number or 5 letters.
First final provision modifies the third paragraph of article 113 of the law code of the movement, the June 10, 1999, relating to the definition of the category of driving licence A2, which is worded as follows: "A2: motorcycles or other vehicles of three or four wheels that are not tourist-type, with a maximum power of 35 kilowatts (kW) and a power/weight ratio not exceeding 0.20 kilowatts/kilogram (kW/kg)."
Second final provision Will modify the first and second paragraphs of article 141 of the law code of the circulation, modified by the fourth additional provision of Act 4/2015, 15 January, by road transport, which are written as follows: "in general, can only be registered and enrolled in the registry of Vehicles are vehicles with combustion engine , electric or hybrids of both transport of people and cargo in general. In any case, the vehicles with combustion engine must have an engine with a classification euro, equal or at most to a lower level in the force.
You can register the trailers and semitrailers (categories O1, O2, O3 and O4), provided that at the time of their manufacture comply with Directive 2007/46/EC of 5 September 2007 and its subsequent amendments. "
Third final provision modifies the article 143 of the law code of the circulation, of 10 June 1999, which is worded as follows: "Article 143 In the certificate of registration or yellow card there are the following data must include: 1. The name, surname, the address and the number of census of the owner.
2. The number of vehicles, the registration number, the brand, the model, the shape and color of the vehicle.
3. The number of chassis.
4. The mass in running order (MOM), the payload, the maximum total weight, total weight rolling, the number of places and the year of manufacture.

5. The type of energy, the engine, the power of taxation, the highest value of CO2 emissions indicated by the manufacturer and the type of engine euro, if applicable.
6. The date of the first technical inspection at the service of technical inspection of Vehicles (ITV).
The certificate of registration be made the marginal inscriptions relating to the restrictions on the use or mention of charges affecting the vehicle, using the corresponding registration.
The circulation of a vehicle that fails to meet any of the features or the marginal inscriptions specified in the certificate of registration may be subject to sanction. "
The fourth final provision modifies the 167.10 article of the law of circulation, of 10 June 1999, which is worded as follows: "167.10 controls and the minimum inspection checks that must be made in the service of technical inspection of Vehicles for the obtaining of the ITV badge establish by regulation according to the type of the vehicle and in line with international standards in the field of industrial safety of the vehicles."
Fifth final provision modifies the 168.3 article of the law of circulation, of 10 June 1999, which is worded as follows: "168.3. In no case authorises the circulation of vehicles with combustion engine the power of which is less than 15 kW and with a power/weight ratio superior to 0.0285 kW/kg. Vehicles with a power/weight lower than the aforementioned, can be registered as special vehicles and must be guided by the rules governing the movement of this type of vehicle.
Electric mobility vehicles are not subject to the relationship power/weight mentioned in the preceding paragraph. "
A sixth final provision modifies the article 8.1 of the law 12/2004, of 30 June, horizontal property, which is worded as follows: "1. The owners or occupants, the latter with the written permission of the owner, can modify the architectural elements, the facilities and the services of a real estate unit when the change does not go to the detriment of the security of the building , when you alter the structure of the property or your outdoor settings, provided that no such prejudice to the rights of the other owners.
The rest of the building will not be able to perform any kind of alteration, and if you look at the need to carry out an urgent repair, you have to know before the administrator or the people who represent the community.
The owners or occupants of a real estate unit can use common things in accordance with their natural destination, so that it won't harm the interest of the community nor prevent other owners use them according to the law. In particular, the owners or occupants, the latter with the written permission of the owner, can use public areas to connect to the existing electricity meters are charging points for electric mobility vehicles on the parking places or other custodial areas, with secondary devices that allow us to meet your specific consumption and in accordance with the regulations in force. The owners or occupants must assume the costs of this facility. "
7th final provision modifies the article 5 of the law on the tax on vehicle ownership, of 5 April 1994, amended by article 7 of the law 31/2007, of December 20, accompanying the draft budget law for the year 2008, update tax rate of various taxes, and is worded as follows : ' Article 5. Tax fee the fee required in accordance with the modalities and the following rates: vehicle Class Share in euro Cars depending on the power less than 8 horses 52.00 tax from 8 to 12 horses 75.00 tax more than 12 and up to 16 horses 101.00 tax more than 16 horses 169.50 tax Cars depending on CO2 emissions less than 120 g of CO2/km Of CO2 in g 160 120 24.00/km


From 48.00 161 to 200 g of CO2/km more than 200 g/km CO2 96.00 192.00 Vans based on the power less than 10 horses From 36.50 tax 10 to 20 horses 63.50 tax more than 20 and up to 25 horses 97.50 tax more than 25 tax Vans 125.50 horses depending on CO2 emissions less than 120 g of CO2/km to 120 g of CO2/24.00 Of 160 km from 48.00 Of 161 to 200 g of CO2/km more than 200 g/km CO2 96.00 192.00 trucks and buses and 6 euro Engine, or electric mobility, or fuel cell Engine 24.00 euro 48.00 euro 96.00 euro 3 Engine 4 Engine 5 and earlier 192.00 Mopeds and motorcycles up to 80 cc or electric mobility 15.50 80 cc to 250 cc To 500 cc to 250 cc 19.00 35.00 over 500 cc 54.00



75.00 snowmobile agricultural Vehicles (tractors), up to 16 horses 16.50 tax more than 16 horses up to 750 kg Trailers 19.00 tax maximum authorized more than 12.00 750 kg and up to 3,500 kg maximum weight authorised 28.00 more than 3,500 kg maximum weight authorised 74.00




Special vehicles less than 10 horses From 36.50 tax 10 to 20 horses 63.50 tax more than 20 and up to 25 tax over 25 97.50 horses horses horses 125.50 tax prosecutors are determined in accordance with the following formula: P = C x 1.91 x K x Still: P = C = cylinder cubic decimetres tax horses expressed in K = variable in function of :-3.0-2.5-2.0 vans trucks and tourist vehicles to = variable in function of:-0.7-1 diesel gasoline "eighth final provision the Government develops by way of regulation the rules relating to the security and to the registration in the register of Vehicles of vehicles with a type of energies not foreseen in the law of circulation, of 10 June 1999.
Ninth final provision the Government must approve the regulatory provisions necessary for the application of this law within a maximum period of six months from its entry into force.
Final provision tenth bustle to the Government that, within a maximum period of one year from the entry into force of this law, presented to the General Council a bill of traffic Code to update the currently in force in accordance with the improvements in the area of safety, of international regulations, technological innovation and energy efficiency of vehicles.
Final provision eleven is responsible to the Government that, within a maximum period of three months from the entry into force of this law, published in the official bulletin of the Principality of Andorra, by means of the corresponding decrees, the revised text of the law 12/2004, of 30 June, of freehold, and the revised text of the law on the possession rate of vehicles of 5 April 1994 , including all modifications provided to both laws up to date.
Twelfth final provision this law comes into force the day after being published in the official bulletin of the Principality of Andorra.
Casa de la Vall, 10 March 2016 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra