22.

More specifically, the main changes compared to the original European Commission proposal can be summarised as follows: a) the list of definitions in Article 2 has been extended, with some new definitions being added (e.g. ‘motor caravan’, ‘van’, ‘zero-emission vehicle’) and others being made clearer or more specific (e.g. ‘heavy-duty vehicle’, ‘light-duty vehicle’, ‘substantially amended tolling or charging arrangement’); b) Article 7, the core provision defining the general charging principles, has been revised so that: — vehicles – be they light- or heavy-duty vehicles or vehicle types within such categories – can be charged independently from each other. Nevertheless, where passenger cars are charged, light commercial vehicles have to be also charged at an equal level or higher; — Member States can decide to maintain the status quo of existing concession contracts, while not applying the new charging rules until the contract has been renewed or the tolling or charging arrangement has been substantially amended; — Member States can provide for reduced tolls or user charges or exemptions from the obligation to pay tolls or user charges in specific cases (e.g. for zero-emission vehicles with a technically permissible maximum laden mass up to 4.25 tonnes); — user charges for heavy-duty vehicles will be phased out on the core TEN-T network within eight years of the entry into force of the directive. Member States applying a common system of user charges (e.g. the ‘Eurovignette Treaty’) can nevertheless take two additional years to adapt or discontinue that system. As a derogation from the general principle of phasing-out, exemptions are allowed in duly justified cases, after notifying the scheme to the Commission; — the Article (together with Article 7a) now includes two review clauses allowing the Commission to assess the implementation and effectiveness of the directive with regard to the charging of light-duty vehicles as well as the technical and legal feasibility of differentiating the treatment of light commercial vehicles. c) a new provision, Article 7aa, now lays down the so-called ‘combined charging system’. This Article provides that Member States applying tolls on their core TEN-T network or on part of it before the entry into force of the directive, can establish a combined charging system for all heavy-duty vehicles or for some types of heavy-duty vehicles. Within that system, the user charges have to be varied according to the vehicle’s CO2 emissions and Euro emission class; d) slight adjustments to the proportionality of the user charges for passenger cars have been made in Article 7a. Additionally, according to this provision, the use of the infrastructure also has to be made available for a day, and for a week or ten days or both. Nevertheless, the Member States may limit the daily user charge for transit purposes only. If Member States set different charges for light commercial vehicles and for passenger cars, the charge rates for light commercial vehicles will be higher than those for passenger cars; e) when it comes to internalising external costs for heavy-duty vehicles, Articles 7ca and 7cb now make external-cost charging for air pollution mandatory, after a four-year transition period, where tolls are applied. Nevertheless, the Member States will be able not to apply the external-cost charge for air pollution, in case of unintended consequences involving the diversion of traffic, after notifying the Commission. This mandatory charging is without prejudice to the choice of the Member States to apply an external-cost charge for CO2 emissions anyway. Nevertheless, the Commission will be allowed to evaluate the implementation and effectiveness of external-cost charging for CO2 emissions; f) when it comes to optional charging: — Article 7da now lays down that revenues generated from (optional) congestion charges, or their equivalent in financial value, are to be used to address the problem of congestion, or to develop sustainable transport and mobility in general. Where such revenues are allocated to the general budget, Member States will be deemed to have fulfilled the obligation if they implement financial support policies to address the problem of congestion or to develop sustainable transport and mobility in general which have a value equivalent to the revenues generated from congestion charges; and — Article 7f now lays down that if two or more Member States decide to apply a mark-up in the same corridor, the mark-up can exceed 25 % (but not 50 %), only upon agreement of all Member States which are part of that corridor and which neighbour the Member States in the territory of which the section of the corridor where the mark-up is to be applied falls; g) as regards variations based on CO2 emissions and on the environmental performance of the vehicles: — a new provision, Article 7ga, introduces CO2 in the list of chargeable costs, in line with climate objectives. This provision requires Member States to vary infrastructure and user charges for heavy-duty vehicles based on CO2 emissions. Initially, the scheme should only apply to the largest trucks, but it would gradually be extended to other types of heavy-duty vehicles and regularly adapted to technological progress. Member States will also be able to give preferential treatment to zero-emission vehicles, in order to incentivise the purchase of ‘best-in-class’ vehicles. The new provision nevertheless includes safeguards to avoid double rewarding of hybrid vehicles and possible overlaps with other carbon-pricing instruments; and — Article 7gb now leaves discretion to the Member States when it comes to differentiating tolls and user charges for light-duty vehicles according to the environmental performance of the vehicle. Nevertheless, this provision requires mandatory variation of tolls and the annual rate of the user charges for vans and minibuses, according to the environmental performance of the vehicle, as of 2026, where tolls or user charges are applied and where technically practicable; h) adjustments have been made to Article 11, as regards both the type of information to be provided in the report that the Member States are required to make public in an aggregate form and the frequency of its publication (i.e. the report will have to be drawn up by three years after the entry into force of the directive and every five years thereafter); i) Article 4 of the amending directive sets a transposition period of two years; and j) the Annexes have been revised as regards maximum amounts of user charges, minimum requirements and reference values of external-cost charges, minimum requirements and reference values of congestion charges and emission performance criteria for pollutants for light-duty vehicles.