Clean Transport
The Legal Framework for Achieving Net Zero
Published: 2024
Pages: 90
eBook: 9781837230174
With a particular focus on modal shift, electric vehicles, sustainable aviation, green shipping and connected autonomous vehicles, this Special Report provides a timely in-depth analysis of the initiatives being undertaken to reduce CO2 emissions and promote sustainable transportation.
This comprehensive Special Report delves into the transport sector’s significant contribution to CO2 emissions and explores how governments worldwide are striving to drive change in this critical area. With a particular focus on modal shift, electric vehicles, sustainable aviation, green shipping and connected autonomous vehicles, this Special Report provides a timely in-depth analysis of the initiatives being undertaken to reduce CO2 emissions and promote sustainable transportation.
Clean Transport is an invaluable resource for in-house counsel, legal advisers, senior managers and consultants interested in the challenges and opportunities facing the transport sector in contributing to net zero emissions targets.
Table of Contents
Cover | Cover | |
---|---|---|
Title Page | 1 | |
Copyright | 2 | |
Table of Contents | 3 | |
Foreword | 7 | |
I. Decarbonising the transport sector | 9 | |
1. Introduction | 9 | |
2. International decarbonisation strategies | 10 | |
3. The UK’s approach to decarbonisation | 12 | |
4. Early days of government climate action | 13 | |
5. Climate Change Act 2008 | 14 | |
6. Carbon budgets and carbon targets | 14 | |
7. Transport and meeting the UK’s climate targets | 16 | |
8. Road to Zero Strategy | 17 | |
9. The UK’s Ten Point Plan for a Green Industrial Revolution | 18 | |
10. The UK’s transport decarbonisation plan | 21 | |
11. UK Hydrogen Strategy | 23 | |
12. Net Zero Strategy: Build Back Greener and Powering Up Britain: Net Zero Growth Plan | 23 | |
13. Electric vehicle infrastructure strategy | 24 | |
14. Carbon Budget Delivery Plan and ZEV Mandate | 24 | |
15. The UK general election 2024 | 24 | |
16. Middle East approach to decarbonisation | 25 | |
17. Conclusion | 27 | |
II. Rail decarbonisation | 29 | |
1. The legal imperative: United Kingdom | 29 | |
2. Technology: “What does the future look like?” | 35 | |
3. How do we get there? | 45 | |
4. Reducing carbon in the supporting infrastructure for new power systems | 50 | |
5. Conclusion | 56 | |
III. Zero and low emission road vehicles | 59 | |
1. Zero emission road vehicles | 59 | |
2. Zero emission technology options | 59 | |
3. Impactful use cases | 68 | |
4. The legal imperative: the Zero Emission Vehicle Mandate | 70 | |
5. Challenges faced by the automotive industry | 71 | |
6. How is the market responding to the challenges? | 78 | |
7. Conclusion: why could zero emission vehicles be helpful to reaching net zero target? | 87 | |
IV. Public transport and payments | 89 | |
1. Introduction | 89 | |
2. Payment services: the legal and compliance context | 90 | |
3. The payment service provider relationship | 94 | |
4. How does a payment transaction work? | 94 | |
5. ‘Open loop’ and ‘closed loop’ payments in transport | 98 | |
6. Models | 103 | |
V. Connected autonomous vehicles: the future of mobility and their role in achieving net zero | 107 | |
1. Introduction | 107 | |
2. Understanding connected autonomous vehicles | 107 | |
3. Self-driving and levels of automation | 108 | |
4. Benefits of connected autonomous vehicles | 108 | |
5. Connected autonomous vehicles and net zero | 110 | |
6. Legal imperative and the current regulatory landscape | 112 | |
7. How do we get there? | 115 | |
8. The direction of travel across the globe | 118 | |
9. Conclusion | 143 | |
VI. Green shipping | 145 | |
1. Introduction: the fuel choice dilemma | 145 | |
2. International Maritime Organization | 147 | |
3. UK measures | 148 | |
4. Emissions trading schemes | 150 | |
5. Low emission technologies | 151 | |
6. Conclusion | 161 | |
VII. Aviation and the jet zero ambition | 163 | |
1. Introduction | 163 | |
2. Legal, political and regulatory background to sustainable aviation | 164 | |
3. What does the future look like for the aviation industry? | 172 | |
4. Conclusion | 179 | |
Addendum | 183 | |
About the authors | 185 | |
About Globe Law and Business | 191 |
Anna Ai
Managing associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/anna-a-a0148973/
Anna Ai advises clients in the energy, aviation and utilities sectors where regulatory advice is key. She focuses on complex projects in the emerging net zero economy, including the production and supply of sustainable aviation fuels. Her clients include Wizz Air and British Airways.
Ellen Beardsworth
Managing associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/ellen-beardsworth-977b7723/
Ellen Beardsworth joined Addleshaw Goddard’s infrastructure projects and energy team six years ago and has significant experience advising public and private sector clients across transactional infrastructure, utilities and energy projects, including in the regulated sectors. She regularly advises clients in varied roles in the EV market on how to adapt and support the uptake of non-combustion engines. This includes compliance with the new regulatory framework, particularly for charge points. She also has experience advising vehicle manufacturers on the transition and was a key member of the Addleshaw Goddard team advising VW on their multi-billion-pound EV project with Ford as part of the wider strategic partnership between the entities.
Sophie Black
Legal director, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/sophie-black-3a894331/
With her career history including senior legal counsel at Edinburgh Airport, Sophie Black is a leader of the Addleshaw Goddard airports and aviation team and regularly advises on aviation commercial contracts and regulatory matters. Recent career highlights include advising: a shareholder on the regulatory aspects of its equity interest in a UK airport; the purchaser of an unlicenced aerodrome on their regulatory duties; a UK airport on surface access contractual issues; an investor in an aviation logistics company on UK aviation regulation; Highlands and Islands Airports in respect of phase two of their Sustainable Aviation Test Environment Project; and the Ministry of Defence on an aviation matter.
Charles Christie
Associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/charlie-christie-13b71794/
Charles Christie is an associate based in Addleshaw Goddard’s Dubai office who supports on commercial, technology and data mandates from across the Middle East region, with a particular focus on the United Arab Emirates and Saudi Arabia markets. He routinely drafts and advises on terms and conditions, agency and distribution agreements, commercial sponsorship and partnership agreements, technology licensing and procurement, outsourcing and goods and services contracts, as well as compliance with marketing rules and digital promotional content regulation.
Charles has particular experience advising clients on data protection matters, including compliance audits and comprehensive data mapping exercises, intra-group data sharing arrangements, cross-border data transfers, data subject rights, direct marketing and cybersecurity requirements. Prior to moving to the Middle East, Charles spent several years working in London.
Paul Dight
Partner, energy and utilities, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/paul-dight-4991484/
Paul Dight led the renewables sub-sector at Addleshaw Goddard for several years and is now co-head for the energy for business sub-sector and the firm’s EV charging group. Paul has advised for over 15 years on renewables schemes spanning different technologies including solar, wind, AD, waste and biomass in UK and Europe, and most CfD-backed schemes including the three largest offshore wind farms in the UK. As part of the energy for business sub-sector, Paul is helping major corporates with their energy transition and decarbonisation programmes. That work includes corporate PPAs, Europe-wide energy procurement, direct wire schemes, micro-grids and rooftop solar for a number of institutional landlords, airports and manufacturers; and EV charging schemes for several local authorities, hotel groups and CPOs throughout Europe.
Paul also specialises in heat networks, advising operators, investors, landlords and connecting parties on some of the largest schemes in the UK and SAF schemes for major airlines.
Martin Fleetwood
Consultant, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/martin-fleetwood-fcilt-b8231b60/
Martin Fleetwood is an experienced regulatory and commercial contracts lawyer working in the transport sector. He has over 25 years of experience of advising both public and private clients in the rail industry in the UK and elsewhere, including train operators (both passenger and freight), rolling stock lessors and manufacturers, infrastructure managers and governmental departments. A significant part of his work is focused on regulatory issues, both helping clients understand regulatory regimes they operate in and advising on relevant regulatory issues affecting the agreements they are negotiating.
Martin’s long involvement in the rail sector means that he has a very good appreciation of the various issues affecting the different players within the industry and how these issues are often interrelated. This allows him to deliver solutions which are both commercial and practical. He writes regular articles for rail industry publications as well as speaking at various conferences and seminars.
Ellie Gilbert
Associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/ellie-g-0b83b9b6/
Ellie Gilbert is an associate in the infrastructure, projects and energy department at Addleshaw Goddard in London. She has worked with clients across a number of sectors including energy, utilities, logistics and aviation. Ellie is passionate about the energy transition and has advised clients on international sustainability regulations such as the EU ETS, renewable energy projects including solar and offshore wind farms and on the use of alternative fuels in shipping and aviation.
Jack Houselander
Managing associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/jack-houselander-3996b83a/
Jack Houselander is a commercial lawyer at Addleshaw Goddard with particular experience in payments and fintech. Jack advises a range of clients and advises on a range of commercial contracts, transactions, collaboration and product development issues. He also regularly advises on legal issues arising out of payment network rules.
Nathalie Moreno
Partner, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/dr-nathalie-moreno-882908/
Nathalie Moreno is an international technology, data privacy, cyber-security and AI partner at Addleshaw Goddard UK. She is a well-known and trusted adviser in the global privacy and data protection world who brings 20 years of experience and extensive knowledge to clients across sectors and jurisdictions. Nathalie’s practice encompasses the full range of data protection, e-privacy and cyber-security issues. She regularly advises on audits, cyber-security, data governance and legal requirements in connection with the use of new technologies (AI, IoT etc) and the new UK and EU digital and data regulations, including the EU AI Act and the EU Data Act.
Nathalie has a particular focus on the technology and automotive sectors. She is able to advise on all data, IoT and AI issues generated by the crossover between the automotive and technology industries, leading to the connected car revolution and the rise of autonomous vehicles.
Sheyda Rimmer
Associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/se-rimmer/
Sheyda Rimmer joined Addleshaw Goddard in 2021 and qualified into the finance team in Edinburgh. Sheyda has experience acting for a variety of lenders and borrowers across several areas, including corporate lending and borrowing and real estate finance. Prior to joining the finance department, she was in the infrastructure, projects and energy team during her training contract where she worked on transactions across the energy and transport sectors.
Ross Sandford
Managing associate, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/ross-sandford-08a310117/
Ross Sandford is a managing associate in the infrastructure and projects team at Addleshaw Goddard. Ross has advised on a range of substantive matters in relation to transport and infrastructure, including advising on rail franchising, the construction and redevelopment of railway stations as well as the implementation of the European Train Control System.
Rachel Scott
Partner, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/rachel-scott-77153433/
Rachel Scott is a partner in Addleshaw Goddard’s transport team, with a particular focus on the rail sector. She has over 20 years’ experience advising both public and private sector clients on rail infrastructure projects, network operations and concessions and rail regulatory matters, as well as various road and highway related matters and complex government contracts.
William Smith
Partner, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/william-smith-5346a01a/
William Smith is a partner at Addleshaw Goddard dedicated to supporting clients in the energy and transport sectors on energy transition projects and efforts to reach net zero targets. While based in London, he works for clients across the UK, Europe and the Middle East.
Will has worked on some of the largest transactions in the clean transport sector including electric vehicle platform alliances (designed to commoditise the design and build electric vehicles in a bid to drive down the cost of electric vehicle manufacture and increase adoption); zero emission (hydrogen and battery) bus fleet and rail projects; and electric vehicle charging projects, as well as electricity network and renewable generation projects.
Will’s passion for decarbonisation of the transport sector led to him being invited to be consulting editor of this publication, working with his colleagues at Addleshaw Goddard on the chapters contained in this Special Report.
Anna Sweeney
Principal knowledge lawyer, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/annasweeneypsl/
Anna Sweeney began her career as a commercial solicitor at Eversheds and has been a professional support lawyer/knowledge lawyer since 2007. She supports the infrastructure projects and energy (IPE) team and is also the sector knowledge lawyer for the energy and transport sectors at Addleshaw Goddard. She has extensive knowledge of both energy and transport regulation and keeps the team abreast of legal and market developments in these fast-moving sectors. Anna writes regular client updates on energy, transport and infrastructure developments and has a keen professional and personal interest in decarbonisation and limiting climate change.
Euan Towers
Legal director, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/euan-towers-1b689216/
Euan Towers is a legal director in the corporate and commercial division of Addleshaw Goddard and a member of the payments team. Euan advises on a range of commercial contracts and payments transactions involving various payment methods. He works for banks, technology companies, payment processors and other payments industry participants, and has over six years’ experience of working across the payments market.
Ed Watt
Partner, Addleshaw Goddard
[email protected]
https://www.linkedin.com/in/edwattaddleshawgoddard/
Ed Watt is head of the shipping team and is a leading shipping lawyer, specialising in sale and purchase, shipbuilding contracts and ship registration. Ed has acted in the sale or purchase and registration of more than 300 vessels. With an international practice acting for ship owners, builders and banks, Ed has led negotiations and completions in over 25 countries and is a recognised expert in dual registration in the Caspian Sea. He routinely advises owners and charterers in relation to time and voyage charterparties and bareboat structures.
Recent work includes negotiating global contracts of affreightment with major shipping lines on behalf of retail clients, charters for dry and liquid bulk cargoes on behalf of manufacturing industries and supporting newbuilding projects for floating offshore wind developments. Ed is also a consultant to the IMO Legal Committee. Ed qualified in 1999 and is the author of Ship Registration: Law and Practice (3rd edn, Routledge, 2018).