B 3364
 
L.N. 398 of 2021
TRAFFIC REGULATION ORDINANCE 
(CAP. 65)
AUTHORITY FOR TRANSPORT IN MALTA ACT 
(CAP. 499)
Motor Vehicles (Interoperability of Electronic Road Tolls Syste ms) 
(Amendment) Regulations, 2021
I N  E X E R C I S E  o f  t h e  p o w e r s  c o nferred by article 54 of the
Traffic Regulation Ordinance a nd by article 43 of the Authority  f o r
Transport in Malta Act, the Minister for Transport, Infrastruct ure and
Capital Projects, after consultation with the Authority for Tra nsport in
Malta, made the following regulations:-
Citation and 
scope.  
S.L. 65. 29.1. (1) The title of these regulations is the Motor Vehicles
(Interoperability of Electronic Road Tolls Systems) (Amendment)
Regulations, 2021 and th ese regulations shall be read and const rued as
one with the Motor Vehicles (Interoperability of Electronic Roa d Tolls
Systems) Regulations, hereinafter referred to as "the principalregulations".
(2) The scope of these regulations is to transpose Directive
(EU) 2019/520 of the European Parliament and of the Council of 19
March 2019 on the interoperability of electronic road toll syst ems and
facilitating cross-border excha nge of information on the failur e to pay
road fees in the Union (recast).
Substitutes 
regulation 2 of 
the principal 
regulations.2. Regulation 2 of the principal regulations shall be
substituted by the follo wing new regulation:
"Interpretation. 2.In these regulations, unless the context
otherwise requires: 
"Directive" means Directive (EU) 2019/520 of the
European Parliament and of the Council of 19 March
2019 on the interoperability of electronic road toll
systems and facilitating cross-border exchange of
information on the failure to pay road fees in the Union(recast).".
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Substitutes the 
Schedule to the 
principal regulations
.3.  The Schedule to the principal regulations shall be
substituted by the following new Schedule:
"SCHEDULE
(Regulation 3)
Directive (EU) 2019/520 of the E uropean Parliament and of the
Council of 19 March 2019 on the interoperability of electronic road
toll systems and facilitating cr oss-border exchange of informat ion on
the failure to pay road fee s in the Union (recast)
THE EUROPEAN PARLIAMENT  AND THE COUNCIL OF THE
EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 91(1) thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national
parliaments, 
Having regard to the opinion of  the European Economic and Socia l
Committee *,
Having regard to the opinion of the Committee of the Regions **, 
Acting in accordance with the o rdinary legisla tive procedure ***
Whereas:
(1) Directive 2004/52/EC of the European Parliament and of
the Council**** has been substantially amended. Since further
amendments are to be made, that Directive should be recast in the
interests of clarity. 
(2) It is desirable to achieve widespread deployment of
electronic road toll systems in the Member States and in the
neighbouring countries, and to hav e, as far as possible, reliab le, user
*
**
1 OJ C 81, 2.3.2018, p. 181.
 OJ C 176, 23.5.2018, p. 66
*** Position of the European Parliament of 14 February 2019 (no t yet published in 
the Official Journal) and decisi on of the Council of 4 March 20 19.
**** Directive 2004/52/EC of the  European Parliament and of the  Council of 29 
April 2004 on the interoperability of electronic road toll syst ems in the Commu-
nity (OJ L 166, 30.4.2004, p. 124).
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friendly, and cost-efficient systems suited to the future devel opment of
road-charging policy at Union level and to future technical
developments. Therefore, it is n ecessary to make electronic roa d toll
systems interoperable to reduce the cost of, and the burdens li nked to,
the payment of tolls across the Union. 
(3) Interoperable electronic road toll systems contribute to
achieving the objectives laid down by Union law on road tolls. 
(4) The lack of interoperability  is a significant problem in
electronic road toll systems where the road fee due is linked t o the
distance covered by the vehicle (d istance-based tolls) or to th e vehicle
passing a specific point (for ex ample, cordon pricing). The provisions
regarding the interoperability o f electronic road toll systems should
therefore apply only to those sy stems and should not apply to s ystems
where the road fee due is linked t o the time spent by the vehic le on the
tolled infrastructure (for examp le, time-based systems such as
vignettes). 
(5) Cross-border enforcement of the obligation to pay road fees
in the Union is a significant problem in all kind of systems, w hether
distance-based, cordon-based or time-based, electronic or manua l. To
deal with the problem of cross-border enforcement following a f ailure
to pay a road fee, the provisions regarding the cross-border ex change
of information should therefore apply to all those systems. 
(6) In national law, the offence of failing to pay a road fee ca n
be classified as an administrative offence or as a criminal off ence. This
Directive should apply regardless of the classification of the offence. 
(7) Due to the lack of consis tent classification across the
Union, and their indirect link to  the use of the infrastructure , parking
fees should be left outside the scope of this Directive. 
(8) The interoperabilit y of electronic road toll systems require s
harmonisation of the technology us ed and of the interfaces betw een
interoperability constituents. 
(9) The harmonisation of techno logies and interfaces should be
supported by the development and maintenance of appropriate ope n
and public standards, available on a non-discriminatory basis t o all
system suppliers. 
(10) For the purpose of covering, with their on-board equipment
(OBE), the required communication technologies, EuropeanElectronic Toll Service (EETS) providers should be allowed to m ake
use of, and link to, other hard w a r e  a n d  s o f t w a r e  s y s t e m s  a l r e a d y
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present in the vehicle, such as satellite naviga tion systems or handheld
devices. 
(11) The specific characteristics  of electronic road toll system s
which are currently applied to light-duty vehicles should be ta ken into
account. Since no such electronic road toll systems currently u se
satellite positioning or mobile communications, EETS providers
should be allowed, for a limite d period of time, to provide use rs of
light-duty vehicles with OBE su itable for use with 5,8 GHz microwave
technology only. This derogation should be without prejudice to  t h e
right of Member States to implement satellite-based tolling for  light-
duty vehicles. 
(12) Toll systems based on automatic number plate recognition
(ANPR) technology require  more manual checks o f toll transactions in
the back office than systems using OBE. Systems using OBE are m ore
efficient for large electronic to ll domains, and systems using ANPR
technology are more suitable for s mall domains, such as city to lls,
where the use of OBE would generate disproportionate costs oradministrative burdens. ANPR technology can be useful in particular
when combined with other technologies. 
(13) In view of technical devel opments connected with solutions
based on ANPR technology, the standardisation bodies should beencouraged to define the neces sary technical standards. 
(14) The specific rights and obligations of EETS providers
should apply to entities which pr ove that they have fulfilled c ertain
requirements and have obtained registration as EETS providers in their
Member State of establishment. 
(15) The rights and obligations of the main EETS actors, that is
to say, the EETS providers, toll chargers and EETS users, should be
clearly defined to ensure that the market functions in a fair andefficient manner. 
(16) It is particularly important to safeguard cer tain rights of  the
EETS providers, such as the right to the protection of commerci ally
sensitive data, and to do so without negatively impacting the quality of
the services provided to the toll chargers and EETS users. In p articular,
the toll charger should be required not to disclose commerciall y
sensitive data to any of the EETS provider's competitors. The a mount
and type of data which EETS provi ders communicate to toll charg ers,
for the purpose of calculating and applying tolls or of verifyi ng the
calculation of applied toll on the vehicles of EETS users by the EETSproviders, should be kept to a strict minimum. 
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(17) EETS providers should be required to fully cooperate with
toll chargers in their enforcement efforts, so as to increase t he overall
efficiency of electronic road toll systems. Therefore, toll cha rgers
should be allowed to request from the EETS provider, where a fa ilure
to pay a road fee is suspected, data relating to the vehicle an d to the
owner or holder of the vehicle who is the EETS provider's clien t,
provided that those data are not used for any purpose other than
enforcement. 
(18) In order to enable EETS providers to compete, in a non-
discriminatory manner, for all  clients in a given EETS domain, it is
important that the possibility is given to them to become accre dited to
that domain sufficiently early so that they are able to offer s ervices to
the users as of the first day of operation of the toll system. 
(19) Toll chargers should give access to their EETS domain to
EETS providers on a non-discriminatory basis. 
(20) To ensure transparency and non-discriminatory access to
EETS domains for all EETS provide rs, toll chargers should publi sh all
the necessary information relating to access rights in an EETS domainstatement. 
(21) All OBE user rebates or di scounts on tolls offered by a
Member State or by a toll charg er should be transparent, public ly
announced and available under th e same conditions to clients of EETS
providers. 
(22) EETS providers should be entitled to fair remuneration,
calculated based on a transparent, non-discriminatory and ident ical
methodology. 
(23) Toll chargers should be allowed to deduct from the
remuneration of EETS providers the appropriate costs incurred t o
provide, operate and maintain the  EETS-specific elements of the
electronic road toll system. 
(24) EETS providers should pay to the toll charger all tolls due
by their clients. EETS providers  should, however, not be liable  f o r
tolls that their clients have not paid, when the latter are equ ipped with
an OBE that has been declared to the toll charger as invalidated. 
(25) Where a legal entity that is a toll service provider also p lays
other roles in an electronic road  toll system, or has other act ivities not
directly related to electronic toll collection, it should be required to
keep accounting records which make a clear distinction possible
between the costs and revenues re lated to the provision of toll  services
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and the costs and revenues relate d to other activities, and to provide,
upon request, information on those costs and revenues related t o the
provision of toll services to th e relevant Conciliation Body or  judicial
body. Cross subsidies between the activities performed in the r ole of
toll service provider and other activities should not be allowed. 
(26) Users should have the possibility to subscribe to EETS
through any EETS provider, regardl ess of their nationality, Mem ber
State of residence or Member State of registration of the vehic le. 
(27) To avoid double payment and to give users legal certainty,
the payment of a toll to an EETS provider should be considered as
fulfilling the user's obligations towards the relevant toll cha rger. 
(28) The contractual relationships between toll chargers and
EETS providers should ens ure, inter alia, that tolls are paid c orrectly. 
(29) A mediation procedure should be established with a view to
settling disputes between toll chargers and EETS providers duri ng
contractual negotiations and in t heir contractual relationships. National
Conciliation Bodies should be consulted by toll chargers and EE TS
providers who are seeking a sett lement of a dispute relating to  the right
to non-discriminatory access to EETS domains. 
(30) Conciliation Bodies should ha ve the power to verify that
the contractual conditions impos ed on any EETS provider are non -
discriminatory. In particular, t hey should have the power to ve rify that
the remuneration offered by the toll charger to the EETS provid ers
respects the principles set out in this Directive. 
(31) The traffic data of EETS users constitutes input that is
essential for enhancing transport policies of the Member States .
Member States should therefore have the possibility to request such
data from toll service providers , including EETS providers for the
purpose of designing traffic pol icies and enhancing traffic
management or for other non-comm ercial use by the State, in
compliance with applicab le data protection rules. 
(32) A framework is needed that  lays down the procedures for
accrediting EETS providers to an EETS domain and that ensures f air
access to the market while safegua rding the adequate level of s ervice.
The EETS domain statement should set out in detail the procedure for
accrediting an EETS provider to the EETS domain, and in particu lar
the procedure for checking conformity to specifications and suitability
for use of interoperability const ituents. The procedure should be the
same for all EETS providers. 
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(33) To ensure easy access to information by EETS market
actors, Member States should be required to compile and publish  all
important data regarding EETS i n publicly available national registers.
(34) To allow for technological pr ogress, it is important that t oll
chargers have the possibility t o test new tolling technologies or
concepts. Such tests should however be limited, and EETS provid ers
should not be required to take pa rt in them. The Commission sho uld
have the possibility of not aut horising such tests if they coul d
prejudice the correct functioning of  the regular electronic roa d toll
system or of the EETS. 
(35) Large differences in technica l specifications of electronic
road toll systems might hampe r the achievement of EU- wide
interoperability of electronic tolls, and thus contribute to th e
persistence of the current situa tion where users need several pieces of
OBE to pay tolls in the Union. This situation is detrimental to  t h e
efficiency of transport operations , to the cost-efficiency of t oll
systems, and to the achievement  of transport policy objectives.  T h e
issues underlying this situation should therefore be addressed.  
(36) While cross-border interoperability is improving
throughout the Union, the mid- to long-term objective is to make it
possible to travel across the Union with only one piece of OBE.
Therefore, in order to avoid ad ministrative burdens and costs for road
users, it is important that the Commission set up a roadmap to achieve
this objective, and to facilitate the free movement of people a nd goods
in the Union, without negativel y affecting competition on the m arket. 
(37) EETS is a market-based  service and therefore EETS
providers should not be obliged t o provide their services acros s the
Union. However, in the interest of users, EETS providers should cover
all EETS domains in any Member State in which they decide toprovide their services. Furthermore, the Commission should asse ss
whether the flexibility given to EETS providers leads to the ex clusion
from EETS of small or periphera l EETS domains, and, if it finds  that it
does, take action where necessary. 
(38) The EETS domain statement should describe in detail the
framework commercial conditions f or EETS providers' operations in
the EETS domain in question. In particular, it should describe the
methodology used for calculating the remuneration of EETS provi ders. 
(39) Where a new electronic road  toll system is being launched
or an existing system is being s ubstantially modified, the toll  charger
should publish the new or upda ted EETS domain statements with
sufficient notice to allow EETS p roviders to be accredited or r e-
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accredited to the system at the latest one month before the day  of its
operational launch. The toll charger should design and follow t he
procedure for the accreditation or, respectively, re-accreditat ion of
EETS providers in such a way that the procedure can be conclude d at
the latest one month before th e operational launch of the new or
substantially modified system. Toll chargers should respect the ir part
of the planned procedure as defi ned in the EETS domain statemen t. 
(40) Toll chargers should not request or require from EETS
providers any specific technical s olutions which could jeopardi se
interoperability with other EETS domains and with the existing
interoperability constitu ents of the EETS provider. 
(41) The EETS has the potential to considerably reduce the
administrative costs and burdens of international road transpor t
operators and drivers. 
(42) EETS providers should be a llowed to issue invoices to
EETS users. However, toll chargers should be allowed to request  that
invoices are sent on their behalf and in their name, since invo icing
directly in the name of the EETS provider can, in certain EETS
domains, have adverse administrative and tax implications. 
(43) Each Member State with a t least two EETS domains should
designate a contact office for EETS providers wishing to provid e the
EETS in its territory in order to facilitate their contacts with the toll
chargers. 
(44) Electronic tolling and other services, such as cooperative
ITS (C-ITS) applications use similar technologies and neighbour ing
frequency bands for short range v ehicle-to-vehicle and vehicle- to-
infrastructure communication. In the future, the potential for applying
other emerging technologies to el ectronic tolling merits explor ation,
after a thorough assessment of the costs, benefits, technical barriersand possible solutions thereto. It is important that measures a re
implemented to protect existi ng investments in the 5,8 GHz
microwave technology from the in terference of other technologie s. 
(45) Without prejudice to State aid and competition law,
Member States should be allowed t o develop measures to promote
electronic toll collection and billing.
(46) When standards relevant for  the EETS are reviewed by the
standardisation bodies, there s hould be appropriate transition
arrangements to ensure the c ontinuity of the EETS and the
compatibility, with the toll sys tems, of interoperability const ituents
already in use at the moment of the revision of the standards. 
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(47) The EETS should allow intermodality to develop, whilst
pursuing compliance with the "user pays’ and "polluter pays’
principles. 
(48) Problems with identifying  non-resident offenders to
electronic road toll systems hamper further deployment of suchsystems and the wider application of the "user pays’ and "pollu ter
pays’ principles on Union roads and therefore there is a need to find a
way to identify such persons and t o process their personal data. 
(49) For reasons of consistency and efficient use of resources,
the system for exchanging inform ation on those who fail to pay a road
fee, and on their vehicles, should use the same tools as the sy stem that
is used for exchanging information on road-safety-related trafficoffences provided for in Directive (EU) 2015/413 of the European
Parliament and of the Council 
*. 
( 5 0 ) I n  c e r t a i n  M e m b e r  S t a t e s  a  f a i l u r e  t o  p a y  a  r o a d  f e e  i s
established only once the obligat ion to pay the road fee has be en
notified to the user. Since this Directive does not harmonise n ational
laws in this regard, Member State s should have the possibility to apply
this Directive to identify users and vehicles for the purpose o f
notification. However, such extended application should be allo wed
only if certain conditio ns are fulfilled. 
(51) Follow-up proceedi ngs initiated after a failure to pay a ro ad
fee are not harmonised across the Union. Often, the identified road
user is given the possibility of paying the road fee due, or a fixed
substitute amount, directly to the entity responsible for levyi ng the
road fee, before any further administrative or criminal proceed ings are
initiated by Member State author ities. It is important that such efficient
procedure to put an end to the failure to pay a road fee is available onsimilar terms to all road users.  For this purpose, Member State s should
be allowed to provide the entity responsible for levying the ro ad fee
with the data necessary to identify the vehicle in respect of w hich there
was a failure to pay a road fee a nd to identify its owner or holder,
provided that proper protection of personal data is ensured. In  t h i s
context, Member States should ensure that compliance with thepayment order issued  by the entity concerned puts an end to the  failure
to pay a road fee. 
(52) In certain Member States, the absence, or dysfunctioning,
of OBE is regarded as a failure to pay a road fee where such fe es can
* Directive (EU) 2015/413 of the European Parliament and of the  Council of 11 
March 2015 facilitating cross-bor der exchange of information on  road-safety-
related traffic offences ( OJ L 68, 13.3.2015, p. 9).
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only be paid by using OBE. 
(53) Member States should provide the Commission with the
information and data necessary to evaluate the effectiveness an d
efficiency of the system for exchanging information on those wh o fail
to pay a road fee. The Commission should assess the data and
information obtained, and propose, if necessary, amendments to this
Directive. 
(54) While analysing possible measures to further facilitate the
cross-border enforcement of the obligation to pay road fees in the
Union, the Commission should also assess in its report the need  f o r
mutual assistance between Member States. 
(55) The enforcement of the obligation to pay road fees, the
identification of the vehicle a nd of the owner or holder of the  vehicle
for which a failure to  pay a road fee was established and the collection
of information on the user for the purpose of ensuring the comp liance
of the toll charger with its obl igations to tax authorities all  entail the
processing of personal data. Suc h processing needs to be carrie d out in
accordance with Union rules, as set out, inter alia, in Regulat ion (EU)
2016/679 of the European Parlia ment and of the Council *, Directive
(EU) 2016/680 of the European Parliament and of the Council ** and
Directive 2002/58/EC of the European Parliament and of the Coun cil
***. The right to protection of per sonal data is explicitly recogn ised by
Article 8 of the Charter of Fundamental Rights of the European Union.
(56) This Directive does not affect the Member States' freedom
to lay down rules governing road infrastructure charging and ta xation
matters. 
(57) In order to facilitate the cross-border exchange of
information on the vehicles and o wners or holders of vehicles for
which there was a failure to pay road fees, the power to adopt acts in
* Regulation (EU) 2016/679 of the  European Parliam ent and of th e Council of 27 
April 2016 on the protection of n atural persons with regard to the processing of 
personal data and on the free m ovement of such data, and repeal ing Directive 
95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.20 16, p. 1).
** Directive (EU) 2016/680 of the  European Parliam ent and of th e Council of 27 
April 2016 on the protection of n atural persons with regard to the processing of 
personal data by competent authorities for the purposes of the prevention, inves-
tigation, detection or prosecutio n of criminal offences or the execution of crimi-
nal penalties, and on the free movement of such data, and repea ling Council 
Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
*** Directive 2002/58/EC of the European Parliam ent and of the Council of 12 
July 2002 concerning the processi ng of personal data and the pr otection of pri-
vacy in the electronic communications sector  (Directive on priv acy and elec-
tronic communications) (OJ L 201, 31.7.2002, p. 37).
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accordance with Article 290 of the Treaty on the Functioning of  the
European Union (TFEU) should be delegated to the Commission in
respect of the amendment of Annex I to reflect changes in the U nion
law. The power to adopt acts in accordance with Article 290 TFE U
should be delegated to the Commission also in respect of laying  down
the details for the classificat ion of vehicles for the purposes  o f
establishing the applicable tariff schemes, further defining th e
obligations of the EETS users re garding the provision of data t o the
EETS provider and the use and handling of the OBE, laying down the
requirements for interoperability constituents regarding safety  a n d
health, reliability and availabi lity, environment protection, technical
compatibility, security and privacy and operation and managemen t,
laying down the general infrastructure requirements forinteroperability constituents and laying down the minimum crite ria of
eligibility for notified bodies. It is of particular importance  t h a t  t h e
Commission carry out appropriate consultations during its prepa ratory
work, including at expert level, and that those consultations b e
conducted in accordance with the principles laid down in the
Interinstitutional Agreement of  13 April 2016 on Better Law-Making
*. In particular, to ensure equal participation in the preparation of
delegated acts, the European Parliament and the Council receive a l ldocuments at the same time as Member States' experts, and their
experts systematically have acc ess to meetings of Commission ex pert
groups dealing with the preparation of delegated acts. 
(58) The implementation of thi s Directive requires uniform
conditions for the application of technical and administrativespecifications for the deployment, in the Member States, of pro cedures
that involve EETS actors and the interfaces between them, so as  t o
facilitate interoperability and ensure that national toll colle ction
markets are governed by equivalent  rules. In order to ensure un iform
conditions for the imple mentation of this Di rective and to defi ne those
technical and administrative spec ifications, implementing power s
should be conferred on the C ommission. Those powers should be
exercised in accordance with Regulation (EU) No 182/2011 of theEuropean Parliamen t and of the Council 
**. 
(59) This Directive should be without prejudice to the
obligations of the Member States relating to the time-limit for  t h e
transposition into national law of the Directive set out in Ann ex III,
Part B. 
* OJ L 123, 12.5.2016, p. 1.
** Regulation (EU) No 182/2011 o f the European Parliament and o f the Council of 
16 February 2011 laying down the rules and general principles c oncerning 
mechanisms for control by Member  States of the Commission's exe rcise of 
implementing powers (OJ L  55, 28.2.2011, p. 13).
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(60) This Directive respects the fundamental rights and observes
the principles recognised in the Charter of Fundamental Rights of the
European Union, notably the protection of personal data. 
(61) The European Data Protectio n Supervisor was consulted in
accordance with Artic le 28(2) of Regulation (EC) No 45/2001 of the
European Parliament and of the Council *,
HA VE ADOPTED THIS DIRECTIVE: 
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Directive lays down the conditions necessary for the
following purposes: 
(a) to ensure the interoperability of electronic road toll
systems on the entire Union road network, urban and interurban
motorways, major and minor roads, and various structures, such
as tunnels or bridges, and ferries; and 
(b) to facilitate the cross- border exchange of vehicle
registration data regarding the vehicles and the owners or hold ers
of vehicles for which there was a failure to pay road fees of a ny
kind in the Union. 
In order to respect the principle of subsidiarity, this Directive
shall apply without prejudice to the decisions taken by Member States
to levy road fees on particular types of vehicles, and to deter mine the
level of those fees and the purpose for which such fees are lev ied.
2. Articles 3 to 22 do not apply to: 
(a) road toll systems which a re not electronic within the
meaning of point 10 of Article 2; and 
(b) small, strictly local road toll systems for which the
costs of compliance with the re quirements of Articles 3 to 22
would be disproportiona te to the benefits. 
* Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 
December 2000 on the protection of individuals with regard to t he processing of 
personal data by the Community institutions and bodies and on t he free move-
ment of such data (OJ L 8, 12.1.2001, p. 1).
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3. This Directive does not apply to parking fees. 
4. The objective of the interoperability of electronic road toll
systems in the Union shall be achieved by means of the European
Electronic Toll Service (EETS) which shall be complementary to the
national electronic toll servi ces of the Member States. 
5. Where the national law requires a notification to the user of
the obligation to pay before a failure to pay a road fee can be
established, Member States may also apply this Directive to identify
the owner or the holder of the vehicle and the vehicle itself f or
notification purposes, only if all the following conditions are fulfilled: 
(a) there are no other mean s to identify the owner or
holder of the vehicle; and 
(b) the notification to the o wner or holder of the vehicle
of the obligation to pay is a compulsory stage of the road feepayment procedure under national law. 
6. Where a Member State applies paragraph 5, it shall take the
measures necessary to ensure t hat any follow-up proceedings in
relation to the obligation to pay the road fee are pursued by p ublic
authorities. References to failure to pay a road fee in this Di rective
shall include cases covered by paragraph 5 if the Member State where
the failure to pay takes place, applies that paragraph. 
Article 2
Definitions
1. For the purposes of this Direc tive, the following definitions
shall apply: 
(1) "toll service" means the service that enables users to use a
vehicle in one or more EETS domains under a single contract and ,
where necessary, with one piece of on-board equipment (OBE), an d
which includes: 
(a) where necessary, providing a customised OBE to
users and maintaining its functionality; 
(b) guaranteeing that the toll charger is paid the toll due
by the user; 
(c) providing to the user the means by which the payment
is to be made or accepting an existing one; 
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(d) collecting the t oll from the user; 
(e) managing customer relations with the user; and 
(f) implementing and adhering to the security and
privacy policies for the road toll systems; 
(2) "toll service provider" means a legal entity providing toll
services on one or more EETS domai ns for one or more classes of
vehicles; 
(3) "toll charger" means a public or private entity which levies
tolls for the circulation of vehicles in an EETS domain; 
(4) "designated toll charger" means a public or private entity
which has been appointed as the toll charger in a future EETS d omain; 
(5) "European Electronic Toll Service (EETS)" means the toll
service provided under a contract on one or more EETS domains b y an
EETS provider to an EETS user; 
(6) "EETS provider" means an entity which, under a separate
contract, grants access to EETS to an EETS user, transfers the tolls to
the relevant toll charger, and which is registered by its Membe r State
of establishment; 
( 7 ) " E E T S  u s e r "  m e a n s  a  n a t u r al or legal person who has a
contract with an EETS provider in order to have access to the EETS; 
(8) "EETS domain" means a road, a road network, a structure,
such as a bridge or a tunnel, or a ferry, where tolls are collected using
an electronic road toll system; 
(9) "EETS compliant system" means the set of elements of an
electronic road toll system which are specifically needed for theintegration of EETS providers in the system and for the operati on of
EETS; 
(10) "electronic road toll system " means a toll collection syste m
in which the obligation, for the user, to pay the toll is exclu sively
triggered by and linked to the a utomatic detection of the prese nce of
the vehicle in a certain loca tion through remote communication with
OBE in the vehicle or automatic number plate recognition; 
(11) "on-board equipment (OBE)", means the complete set of
hardware and software components to be used as part of the tollservice which is installed or car ried on board a vehicle in ord er to
collect, store, process and remotely receive/transmit data, eit her as a
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separate device or embedded in the vehicle; 
(12) "main service provider" mea ns a toll service provider with
specific obligations, such as the obligation to sign contracts with all
interested users, or specific ri ghts, such as specific remuneration or a
guaranteed long term contract, different from the rights and
obligations of other service providers; 
(13) "interoperability consti tuent" means any elementary
component, group of components, subassembly or complete assembl y
of equipment incorporated or intended to be incorporated into E ETS
upon which the interoperability o f the service depends directly  o r
indirectly, including both tangi ble objects and intangible obje cts such
as software; 
(14) "suitability for use" means the ability of an interoperabil ity
constituent to achieve and maintain a specified performance whe n in
service, integrated representa tively into EETS in relation with  a  t o l l
charger's system; 
(15) "toll context data" means the information defined by the
responsible toll charger as necessary to establish the toll due  f o r
circulating a vehicle on a partic ular toll domain and conclude the toll
transaction; 
(16) "toll declaration" means a st atement to a toll charger that
confirms the presence of a vehicle in an EETS domain in a forma t
agreed between the toll service provider and the toll charger; 
(17) "vehicle classification pa rameters" means the vehicle
related information in accordance with which tolls are calculated basedon the toll context data; 
(18) "back office" means the central electronic system used by
the toll charger, a group of toll chargers who have created aninteroperability hub, or by the EETS provider to collect, proce ss and
send information in the framework of an electronic road toll sy stem; 
(19) "substantially modified system" means an existing
electronic road toll system tha t has undergone or undergoes a c hange
which requires EETS providers to make modifications to the
interoperability constituents that are in operation, such as
reprogramming or adapting the interfaces of their back office, to such
an extent that re-accreditation is required; 
(20) "accreditation" means the process defined and managed by
the toll charger, which an EETS provider must undergo before it  i s
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authorised to provide the E ETS in an EETS domain; 
(21) "toll" or "road fee" means the fee which must be paid by the
road user for circulating on a given road, a road network, a st ructure,
such as a bridge or a tunnel, or a ferry; 
(22) "failure to pay a road fee" means the offence consisting of
the failure by a road user to pay a road fee in a Member State,  defined
by the relevant national provi sions of that Member State; 
(23) "Member State of registrat ion" means the Member State
where the vehicle which is subject to the payment of the road f ee is
registered; 
(24) "national contact point" means a designated competent
authority of a Member State for the cross-border exchange of vehicle
registration data; 
(25) "automated search" means an online access procedure for
consulting the databases of one, more than one, or all of the Member
States; 
(26) "vehicle" means a motor vehicle, or articulated vehicle
combination intended or used for the carriage by road of passengers or
goods; 
(27) "holder of the vehicle" me ans the person in whose name the
vehicle is registered, as defined in the law of the Member Stat e of
registration; 
(28) "heavy-duty vehicle" means a vehicle having a maximum
permissible mass exceeding 3.5 tonnes; 
(29) "light-duty vehicle" mean s a vehicle having a maximum
permissible mass not exceeding 3.5 tonnes.
Article 3
Technological solutions
1. All new electronic road toll systems which require the
installation or use of OBE shall,  for carrying out electronic t oll
transactions, use one or more of the following technologies: 
(a) satellite positioning; 
(b) mobile communications; 
(c) 5.8 GHz microwave technology. 
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Existing electronic road toll systems which require the
installation or use of OBE and use other technologies shall com ply
with the requirements set out in the first subparagraph of this
paragraph if substantial technological improvements are carried  out. 
2. The Commission shall request the relevant standardisation
bodies, in accordance with the procedure laid down by Directive  (EU)
2015/1535 of the European Parliament and of the Council * to swiftly
adopt standards applicable to el ectronic road toll systems with  regard
to the technologies listed in the  first subparagraph of paragra ph 1 and
the ANPR technology, and to update them where necessary. The
Commission shall request that the standardisation bodies ensure  t h e
continual compatibility of interoperability constituents. 
3. OBE which uses satellite  positioning technology and is
placed on the market after 19 Oc tober 2021 shall be compatible with
the positioning services provided by the Galileo and the Europe an
Geostationary Navigation Overl ay Service ("EGNOS") systems.
4. Without prejudice to paragraph 6, EETS providers shall
m a k e  a v a i l a b l e  t o  E E T S  u s e r s  O B E  w h i c h  i s  s u i t a b l e  f o r  u s e ,
interoperable and capable of communicating with the relevant
electronic road toll systems in service in the Member States us ing the
technologies listed in the first subparagraph of paragraph 1. 
5. The OBE may use its own hardware and software, use
elements of other hard ware and software present in the vehicle,  o r
both. For the purpose of communicating with other hardware syst ems
present in the vehicle, the OBE may use technologies other than thoselisted in the first subparagraph of paragraph 1, provided that security,
quality of service and privacy are ensured. 
EETS OBE is allowed to facilitate services other than tolling,
provided that the operation of such services does not interfere  with the
toll services i n any EETS domain. 
6. Without prejudice to the right of Member States to
introduce electronic road toll sy stems for light-duty vehicles based on
satellite positioning or mobile c ommunications, EETS providers may
until 31 December 2027 provide use rs of light-duty vehicles wit h OBE
suitable for use with 5,8 GHz microwave technology only, to be used
in EETS domains which do not require satellite positioning or m obile
communications technologies. 
* Directive (EU) 2015/1535 of the  European Parliam ent and of the Council of 9 
September 2015 laying down a procedure for the provision of inf ormation in the 
field of technical regulations a nd of rules on Information Soci ety services (OJ L 
241, 17.9.2015, p. 1).
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CHAPTER II
GENERAL PRINCIPLES OF EETS
Article 4
Registration of EETS providers
Each Member State shall establish a procedure for registering
EETS providers. It shall grant the registration to entities whi ch are
established on its territory, which request registration and wh ich can
demonstrate that they fulfil the following requirements: 
(a) hold EN ISO 9001 certification or equivalent; 
(b) have the technical equipment and the EC declaration
or certificate attesting the conf ormity of the interoperability
constituents to specifications; 
(c) have competence in the provision of electronic toll
services or in other relevant domains; 
(d) have appropriate financial standing;(e) maintain a global risk management plan, which is
audited at least every two years; and 
(f) are of good repute. 
Article 5
Rights and obligations of EETS providers
1. Member States shall take the measures necessary to ensure
that EETS providers whom they have registered conclude EETS
contracts covering all EETS domai ns on the territories of at le ast four
Member States within the 36 months following their registration  i n
accordance with Article 4. They shall take the measures necessa ry to
ensure that that those EETS providers conclude contracts coveri ng all
EETS domains in a given Member  State within the 24 months
following the conclusion of the first contract in that Member S tate,
except for those EETS domains in which the responsible toll cha rgers
do not comply with Article 6(3).
2. Member States shall take the measures necessary to ensure
that EETS providers whom they have registered maintain at all t imes
the coverage of all EETS domains once they have concluded contr acts
therefor. They shall take the measures necessary to ensure that , where
an EETS provider is not able to maintain coverage of an EETS do main
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because the toll charger does not comply with this Directive, i t re-
establishes the coverage of the concerned domain as soon as possible. 
3. Member States shall take the measures necessary to ensure
that EETS providers whom they have registered publish information
on their EETS domains coverage and any changes thereto, as well  as,
within one month of registration, detailed plans regarding any
extension of their service to further EETS domains, with annual
updates.
4. Member States shall take the measures necessary to ensure
that, where necessary, EETS providers whom they have registered , or
who provide the EETS on their territory, provide EETS users wit h
OBE which fulfils the  requirements set out in this Directive, a s well as
in Directives 2014/53/EU* and 2014/30/EU** of the European
Parliament and of the Council. T hey may request from concerned
EETS providers evidence that those requirements are fulfilled.
5. Member States shall take the measures necessary to ensure
that EETS providers who provide t he EETS on their territory kee p lists
of invalidated OBE related to their EETS contracts with the EETSusers. They shall take the measures necessary to ensure that su ch lists
are maintained in strict compliance with the Union rules on the
protection of personal data as se t out, inter alia, in Regulati on (EU)
2016/679 and Directive 2002/58/EC. 
6. Member States shall take the measures necessary to ensure
that EETS providers whom they registered make public their
contracting policy towards EETS users. 
7. Member States shall take the measures necessary to ensure
that EETS providers who provide t he EETS on their territory pro vide
toll chargers with the information they need to calculate and a pply the
toll on the vehicles of EETS users or provide toll chargers wit h all
information necessary to allow them to verify the calculation o f
applied toll on the vehicles of EETS users by the EETS provider s. 
8. Member States shall take the measures necessary to ensure
that EETS providers who provide the EETS on their territorycooperate with toll chargers in their efforts to identify suspe cted
* Directive 2014/53/EU of the European Parliament and of the Co uncil of 16 April 
2014 on the harmonisation of the laws of the Member States rela ting to the mak-
ing available on the market of radio equipment and repealing Di rective 1999/5/
EC (OJ L 153, 22.5.2014, p. 62).
** Directive 2014/30/EU of the European Parliament and of the Council of 26 Feb-
ruary 2014 on the harmonisation of the laws of the Member State s relating to 
electromagnetic compatibility  (OJ L 96, 29. 3.2014, p. 79).
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offenders. Member States shall take the measures necessary to e nsure
that, where a failure to pay a road fee is suspected, the toll charger is
able to obtain, from the EETS provider, the data relating to th e vehicle
involved in the suspected failure to pay a road fee and to the owner or
holder of that vehicle who is a c lient of the EETS provider. Su ch data
shall be made available in stantly by the EETS provider. 
Member States shall take the measures necessary to ensure that
the toll charger does not disclose such data to any other toll service
provider. They shall take the measures necessary to ensure that, where
the toll charger is integrated with a toll service provider in one entity,
the data are used for the sole purpose of identifying suspected
offenders, or in accordan ce with Article 27(3). 
9. Member States shall take the measures necessary to ensure
that a toll charger responsible for an EETS domain on their ter ritory is
able to obtain, from an EETS provider, data relating to all veh icles
owned or held by clients of the E ETS provider, which have, in a  given
period of time, driven on the EETS domain for which the toll ch arger
is responsible, as well as data relating to the owners or holde rs of these
vehicles, provided that the toll charger needs this data to com ply with
its obligations to tax authoritie s. Member States shall take th e
measures necessary to ensure that the EETS provider provides th e
requested data no later than two days after receiving the reque st. They
shall take the measures necessary to ensure that the toll charg er does
not disclose such data to any oth er toll service provider. They  s h a l l
take the measures necessary to ensure that, where the toll char ger is
integrated with a toll service provider in one entity, the data are usedfor the sole purpose of compliance by the toll charger with its
obligations to tax authorities. 
10. The data provided by EETS providers to toll chargers shall
be processed in compliance with Union rules on the protection o f
personal data as set out in Regu lation (EU) 2016/679, as well a s with
the national laws, regulations or administrative provisions tra nsposing
Directives 2002/58/ EC and (EU) 2016/680. 
11. The Commission shall adopt implementing acts, at the
latest by 19 October 2019, to further define the obligations of  t h e
EETS providers regarding: 
(a) monitoring the performance of their service level, and
cooperation with toll charge rs in verification audits; 
(b) cooperation with toll chargers in the performance of
toll chargers' systems' tests; 
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(c) service and technical support to EETS users and
personalisation of OBE; 
(d) the invoicing of EETS users; 
(e) the information which EETS providers must provide
to toll chargers and which is referred to in paragraph 7; and 
(f) informing the EETS user of a detected toll non-
declaration situation. 
Those implementing acts shall be  adopted in accordance with the
examination procedure refe rred to in Article 31(2). 
Article 6
Rights and obligations of toll chargers
1. Where an EETS domain does n ot comply with the technical
and procedural EETS interoperabi lity conditions provided for in  this
Directive, the Member State on whose territory the EETS domain lies
shall take the measures necessary to ensure that the responsibl e toll
charger assesses the problem with the stakeholders concerned and, if
within its sphere of responsibilities, takes remedial actions w ith a view
to ensuring EETS interoperability  of the toll system. Where nec essary,
the Member State shall update the register referred to in Artic le 21(1)
in respect of the information ref erred to in point (a) thereof.  
2. Each Member State shall take the measures necessary to
ensure that any toll charger responsible for an EETS domain on the
territory of that Member State develops and maintains an EETSdomain statement setting out t he general conditions for EETS
providers for accessing their EETS domains, in accordance with the
implementing acts referred to in paragraph 9. 
Where a new electronic road toll system is created on the
territory of a Member State, that Member S tate shall take the m easures
necessary to ensure that the designated toll charger responsible for thesystem publishes the EETS domain  statement with sufficient noti ce to
allow for an accreditation of interested EETS providers at the latest
one month before the operational launch of the new system, with  due
regard to the length of the process of assessment of conformity t o
specifications and of the suitab ility for use of interoperabili ty
constituents referred to in Article 15(1). 
Where an electronic road toll system on the territory of a Memb er
State is substantially modified, that Member State shall take t he
measures necessary to ensure tha t the toll charger responsible for the
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system publishes the updated EETS domain statement with suffici ent
notice to allow already accredited EETS providers to adapt thei r
interoperability constituents to t he new requirements and to ob tain re-
accreditation at the latest one month before the operational la unch of
the modified system, giving due regard to the length of the pro cess of
assessment of the conformity to specifications and of the suita bility for
use of interoperability constituents referred to in Article 15( 1). 
3. Member States shall take the measures necessary to ensure
that toll chargers responsible for EETS domains on their territ ory
accept on a non-discriminatory basis any EETS provider requesti ng to
provide EETS on the said EETS domains. 
Acceptance of an EETS provider in a EETS domain shall be
subject to the provider's compliance with the obl igations and g eneral
conditions set out in the E ETS domain statement.
Member States shall take the measures necessary to ensure that
toll chargers do not require EETS providers to use specific tec hnical
solutions, or processes, that hi nder the interoperability of an  EETS
provider's interoperability cons tituents with electronic road t oll
systems in other EETS domains. 
If a toll charger and an EETS provider cannot reach an
agreement, the matter may be r eferred to the Conciliation Body
responsible for the relevant toll domain. 
4. Each Member State shall take the measures necessary to
ensure that the contracts between the toll charger and the EETS
provider, regarding the provisi on of EETS on the territory of t hat
Member State, permit the invoice for the toll to be issued to t he EETS
user directly by the EETS provider. 
The toll charger may require that the EETS provider invoices th e
user in the name and on behalf of the toll charger, and the EET S
provider shall comply with that request. 
5. The toll charged by toll chargers to EETS users shall not
exceed the corresponding national or local toll. This is withou t
prejudice to the right of Member States to introduce rebates ordiscounts to promote t he use of electronic toll payments. All O BE user
rebates or discounts on tolls offered by a Member State or by a  toll
charger shall be transparent , publicly announced and available under
the same conditions to cli ents of EETS providers. 
6. Member States shall take the measures necessary to ensure
that toll chargers accept on their EETS domains any operational  OBE
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from EETS providers with whom they have contractual relationshi ps
which have been certified in a ccordance with the procedure defi ned in
the implementing acts referred to in Article 15(7) and which do not
appear on a list of invalidated OBE referred to in Article 5(5).
7. In the event of an EETS dysfunction attributable to the toll
charger, the toll charger shall provide for a degraded mode of service
enabling vehicles with the equipment referred to in paragraph 6  t o
circulate safely with a minimu m of delay and without being susp ected
of a failure to pay a road fee. 
8. Member States shall take the measures necessary to ensure
that toll chargers collaborate in a non-discriminatory way with  EETS
providers or manufacturers or not ified bodies with a view to as sessing
the suitability for use of inter operability constituents on the ir EETS
domains. 
9. The Commission shall adopt implementing acts, at the
latest by 19 October 2019, to lay down the minimum content of the
EETS domain statement, including: 
(a) the requirements for EETS providers; 
(b) the procedural conditions, including commercial
conditions; 
(c) the procedure of accreditation of EETS providers;
and 
(d) the toll context data. 
Those implementing acts shall be  adopted in accordance with the
examination procedure refe rred to in Article 31(2). 
Article 7
Remuneration
1. Member States shall take the measures necessary to ensure
that EETS providers are entit led to be remunerated by the toll charger.
2. Member States shall take the measures necessary to ensure
that the methodology for defini ng the remuneration of the EETS
providers is transparent, non-discriminatory and identical for all EETS
providers accredited to a given EETS domain. They shall take th e
measures necessary to ensure t hat the methodology is published as part
of the commercial conditions in the EETS domain statement. 
3. Member States shall take the measures necessary to ensure
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that in EETS domains with a main service provider, the methodology
for calculating the remuneration of EETS providers follows the same
structure as the remuneration of c omparable services provided by the
main service provider. The amount of remuneration of EETS provi ders
may differ from the remunerati on of the main service provider
provided that it is justified by: 
(a) the cost of specific requi rements and obligations of
the main service provider and not of the EETS providers; and 
(b) the need to deduct, from the remuneration of EETS
providers, the fixed charges imposed by the toll charger based on
the costs, for the toll charger, of providing, operating and
maintaining an EETS compliant system in its toll domain,
including the costs of accredita tion, where such costs are not
included in the toll.
Article 8
Tolls
1. Member States shall take the measures necessary to ensure
that where, for the purpose of e stablishing the toll tariff app licable to a
given vehicle, there is discrepancy between the vehicle classification
used by the EETS provider and the toll charger, the toll charge r's
classification prevails, unless an error can be demonstrated.
2. Member States shall take the measures necessary to ensure
that the toll charger is entitle d to require, from an EETS prov ider,
payment for any substantiated to ll declaration and any substant iated
toll non-declaration relating to any EETS user account managed by
that EETS provider. 
3. Member States shall take the measures necessary to ensure
that, where an EETS provider has sent to a toll charger a list ofinvalidated OBE referred to in A rticle 5(5), the EETS provider shall
not be held liable for any further toll incurred through the us e of such
invalidated OBE. The number of entries in the list of invalidated OBE,the list's format and its updating frequency shall be agreed be tween toll
chargers and EETS providers. 
4. Member States shall take the measures necessary to ensure
that, in microwave-based toll sy stems, toll chargers communicat e to
EETS providers substantiated toll  declarations for tolls incurr ed by
their respective EETS users. 
5. The Commission shall adopt delegated acts in accordance
with Article 30, at the latest by 19 October 2019, to lay down the
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details for the classification of vehicles for the purposes of establishing
the applicable tariff schemes, including any procedures necessa ry for
establishing such schemes. The set of vehicle classification parameters
to be supported by EETS shall not restrict the choice of tariff  schemes
by toll chargers. The Commission shall ensure sufficient flexibility to
allow the set of classification parameters to be supported by E ETS to
evolve according to foreseeable future needs. Those acts shall be
without prejudice to the definition, in Directive 1999/62/EC of  t h e
European Parliament and of the Council *, of the parameters according
to which tolls shall vary. 
Article 9
Accounting
Member States shall take the mea sures necessary to ensure that
legal entities which provide toll services keep accounting reco rds
which make a clear distinction possible between the costs and
revenues related to the provision of toll services and the cost s and
revenues related to other activities. The information on the co sts and
revenues related to the toll serv ice provision shall be provided, upon
request, to the relevant Conciliation Body or judicial body. Member
States shall also take the measures necessary to ensure that cr oss
subsidies between the activities performed in the role of toll service
provider and other activities are not allowed. 
Article 10
Rights and obligations of EETS users
1. Member States shall take the measures necessary to allow
EETS users to subscribe to EETS through any EETS provider,regardless of their nationality, Member State of residence or the
Member State in which the vehicl e is registered. When entering into a
contract, EETS users shall be duly informed about valid means o f
payment and, in accordance wi th Regulation (EU) 2016/679, about  the
processing of their personal da ta and the rights stemming from
applicable legislation on the protection of personal data. 
2. The payment of a toll by an EETS user to its EETS
provider shall be deemed to fulfil the EETS user's payment obli gations
to the relevant toll charger. 
If two or more OBE are installed or carried on-board a vehicle,  it
is the responsibility of the EETS user to use or activate the r elevant
* Directive 1999/62/EC of the Eur opean Parliament and of the Co uncil of 17 June 
1999 on the charging of heavy go ods vehicles for the use of cer tain infrastruc-
tures (OJ L 187, 20.7.1999, p. 42).
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OBE for the specific EETS domain. 
3. The Commission shall adopt delegated acts in accordance
with Article 30, at the latest by 19 October 2019, to further d efine the
obligations of the EETS  users regarding: 
(a) the provision of data to the EETS provider; and 
(b) the use and handling of the OBE.
CHAPTER III
CONCILIATION BODY
Article 11
Establishment and functions
1. Each Member State with at least one EETS domain shall
designate or establish a Concil iation Body in order to facilita te
mediation between toll chargers with an EETS domain located wit hin
its territory and EETS providers  that have contracts or are in
contractual negotiations with those toll chargers. 
2. The Conciliation Body shall be empowered, in particular,
to verify that the contractual conditions imposed by a toll cha rger on
EETS providers are non-discrimina tory. It shall be empowered to
verify that the EETS providers a re remunerated in accordance wi th the
principles provided for in Article 7. 
3. The Member States referred to in paragra ph 1 shall take the
measures necessary to ensure t hat their Conciliation Body is
independent, in its organisation and legal structure, from the
commercial interests of toll chargers and toll service provider s.
Article 12
Mediation procedure
1. Each Member State with at least one EETS domain shall
lay down a mediation procedure in order to enable a toll charge r or an
EETS provider to request the rel evant Conciliation Body to intervene
in any dispute relating to their contractual relations or negot iations. 
2. The mediation procedure referred to in paragraph 1 shall
require that the Conciliation Body states, within a period of o ne month
following the receipt of a request for it to intervene, whether  a l l
documents necessary for the mediation are in its possession. 
3. The mediation procedure referred to in paragraph 1 shall
require that the Conciliation B ody issues its opinion on a dispute no
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later than six months after receipt of the request for it to in tervene. 
4. In order to facilitate its tas ks, Member States shall give th e
Conciliation Body the power to re quest relevant information fro m toll
chargers, EETS providers and any third parties active in the pr ovision
of EETS within the Member State concerned. 
5. The Member States with at least one EETS domain and the
Commission shall take the measures necessary to ensure the exch ange
of information between  the Conciliation Bodies concerning their work,
guiding principles and practices. 
CHAPTER IV
TECHNICAL PROVISIONS
Article 13
Single continuous service
Member States shall take the mea sures necessary to ensure that
EETS is provided to EETS users as a single continuous service. 
This means that: 
(a) once the vehicle classification parameters, including
the variable ones, have been stored or declared, or both, no
further in-vehicle human intervention is required during a
journey unless there is a modification to the vehicle'scharacteristics; and 
(b) human interaction with  a particular piece of OBE
stays the same whatever the EETS domain. 
Article 14
Additional elements regarding EETS
1. Member States shall take the measures necessary to ensure
that the interaction of  EETS users with tol l chargers as part of EETS is
limited, where applicable, to t he invoicing process in accordan ce with
Article 6(4) and to enforcement processes. Interactions between  EETS
users and EETS providers, or their OBE, may be specific to each
EETS provider, without compromis ing EETS interoperability.
2. Member States may require that toll service providers,
including EETS providers, at the request of the Member Statesauthorities, provide traffic data in respect of their clients, subject to
compliance with the applicable data protection rules. Such data  shall
only be used by the Member States for the purpose of traffic po licies
and enhancing traffic management  and the data shall not be used to
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identify the clients. 
3. The Commission shall adopt, at the latest by 19 October
2019, implementing acts laying down the specifications of elect ronic
interfaces between the interope rability constituents of toll ch argers,
EETS providers and EETS users, including, where applicable, the
content of the messages exchange d between the actors through th ose
interfaces. Those implementing ac ts shall be adopted in accorda nce
with the examination procedure referred to in Article 31(2).
Article 15
Interoperability constituents
1. Where a new electronic road t oll system is created on the
territory of a Member State, that  Member State shall take the measures
necessary to ensure that the designated toll charger responsibl e for the
system establishes and publishes in the EETS domain statement t he
detailed planning of the process of assessment of conformity to
specifications and of the suitabi lity for use of interoperabili ty
constituents, which allows for the accreditation of interested EETS
providers at the latest one mont h before the operational launch  of the
new system. 
Where an electronic road toll system on the territory of a Memb er
State is substantially modified, that Member State shall take t he
measures necessary to ensure tha t the toll charger responsible for the
system establishes and publishes in the EETS domain statement, in
addition to the elements referred to in the first subparagraph,  t h e
detailed planning of the re-assessment of conformity to specifi cations
and of the suitability for use of the interoperability constituents of
EETS providers already accredited to the system before its subs tantial
modification. The planning shall allow for the re- accreditation ofconcerned EETS providers at the latest one month before theoperational launch of the modified system. 
The toll charger shall respect that planning. 
2. Member States shall take the measures necessary to ensure
that each toll charger responsible for an EETS domain on the te rritory
of that Member States sets up a test environment in which the E ETS
provider or its authorised repr esentatives can check that its O BE is
suitable for use in the toll charger's EETS domain and obtain
certification of the successful completion of the respective te sts.
Member States shall take the measures necessary to allow toll chargers
to set up a single test environment for more than one EETS doma in,
and to allow one authorised repre sentative to check the suitabi lity for
use of one type of OBE on behalf of more than one EETS provider. 
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Member States shall take the measures necessary to allow toll
chargers to require EETS providers or their authorised representatives
to cover the cost of the respective tests. 
3. Member States shall not prohi bit, restrict or hinder the
placing on the market of interoperability constituents for use in EETSwhere they bear the CE marking or either a declaration of confo rmity
to specifications or a declarati on of suitability for use, or both. In
particular, Member States shall not require checks which have a lready
been carried out as part of the procedure for checking conformi ty to
specifications or suita bility for use, or both. 
4. The Commission shall adopt delegated acts in accordance
with Article 30, at the latest by 19 October 2019, to lay down the
requirements for interoperability constituents regarding safety  a n d
health, reliability and availabi lity, environment protection, technical
compatibility, security and privacy and operation and managemen t.
5. The Commission shall also adopt delegated acts in
accordance with Article 30, at the latest by 19 October 2019, t o lay
down the general infrastructure requirements regarding: 
(a) the accuracy of toll declaration data with a view to
guaranteeing equality of treat ment between EETS users in
respect of tolls and charges; 
(b) the identification, through the OBE, of the
responsible EETS provider; 
(c) the use of open standard s for the interoperability
constituents of the EETS equipment; 
(d) the integration of the OBE in the vehicle; and 
(e) the signalisation, to the d river, of the requirement to
pay a road fee.
6. The Commission shall adopt implementing acts, at the
latest by 19 October 2019, to lay down the following specific
infrastructure requirements: 
(a) requirements on common communication protocols
between toll chargers and EETS providers equipment; 
(b) requirements on mechanisms for toll chargers to
detect whether a vehicle circulating on their EETS domain isequipped with a valid and functioning OBE; 
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(c) requirements on the human-machine interface in the
OBE;
(d) requirements applying speci fically to interoperability
constituents in microwave technologies-based toll systems; and 
(e) requirements applying specifically in Global
Navigation Satellite System (GNSS)-based toll systems. 
Those implementing acts shall be adopted in accordance with the
examination procedure refe rred to in Article 31(2). 
7. The Commission shall adopt implementing acts, at the
latest by 19 October 2019, to lay down the procedure to be applied by
the Member States for assessing the conformity to specification s and
suitability for use of interope rability constituents, including  t h e
content and format of the EC decl arations. Those implementing a cts
shall be adopted in accordance with the examination procedurereferred to in Article 31(2).
CHAPTER V
SAFEGUARD CLAUSES
Article 16
Safeguard procedure
1. Where a Member State has reason to believe that
interoperability constituents bea ring a CE marking and placed o n the
market are unlikely, when used  as intended, to meet the relevan t
requirements, it shall take all necessary steps to restrict the ir field of
application, prohibit their use or withdraw them from the marke t. The
Member State shall immediately inform the Commission of themeasures taken and give the reas ons for its decision, stating in
particular whether failu re to conform is due to: 
(a) incorrect application of technical specifications; or 
(b) inadequacy of techni cal specifications. 
2. The Commission shall consult the concerned Member
State, manufacturer, EETS provider or their authorised represen tatives
established within the Union as quickly as possible. Where, fol lowing
that consultation, the Commission establishes that the measure is
justified, it shall immediately inform the Member State concern ed as
well as the other Member States. However, where, following that
consultation, the Commission establishes that the measure is
unjustified, it shall i mmediately inform the Member State conce rned,
as well as the manufact urer or its authoris ed representative es tablished
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within the Union and the other Member States. 
3. Where interoperability constituents bearing the CE marking
fail to comply with interoperabi lity requirements, the competen t
M e m b e r  S t a t e  s h a l l  r e q u i r e  t h e  manufacturer or its authorised
representative established in the Union to restore the interope rability
constituent to a state of conformity to specifications or suita bility for
use, or both, under the conditions laid down by that Member Sta te and
shall inform the Commission and the other Member States thereof . 
Article 17
Transparency of assessments
 Any decision taken by a Member State or a toll charger concerni ng
the assessment of conformity to specifications or suitability for use
of interoperability constituents and any decision taken pursuan t to
Article 16 shall set out in deta il the reasons on which it is b ased. It
shall be notified as soon as possible to the concerned manufacturer,EETS provider or their authorised  representatives, together wit h an
indication of the remedies avai lable under the laws in force in  the
Member State concerned and of t he time limits allowed for the
exercise of such remedies. 
CHAPTER VI
ADMINISTRATIVE ARRANGEMENTS
Article 18
Single contact office
Each Member State with at least two EETS domains on its territo ry
shall designate a single contact office for EETS providers. The
Member State shall make public the contact details of that offi ce,
and provide them, upon request, to interested EETS providers. The
Member State shall take the measures necessary to ensure that,
upon request of the EETS provider, the contact office facilitat es and
coordinates early administrat ive contacts between the EETS
provider and the toll chargers re sponsible for the EETS domains  on
the territory of the Member State. The contact office may be anatural person or a public or a private body. 
Article 19
Notified bodies
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1. Member States shall notify to the Commission and the
other Member States any bodies entitled to carry out or supervi se the
procedure for the assessment of conformity to specifications or
suitability for use referred to in the implementing acts referred to in
Article 15(7), indicating each body's area of competence, and t he
identification numbers obtained in advance from the Commission. The
Commission shall publish in the Official Journal of the European
Union the list of bodies, their identi fication numbers and areas of
competence, and shall keep the list updated. 
2. Member States shall apply th e criteria provided for in the
delegated acts referred to in pa ragraph 5 of this Article for the
assessment of the bodies to be notified. Bodies m eeting the ass essment
criteria provided for in the relev ant European sta ndards shall be
deemed to meet the said criteria. 
3. A Member State shall withdraw approval from a body
which no longer meets the criteria provided for in the delegate d acts
referred to in paragraph 5 of thi s Article. It shall immediatel y inform
the Commission and the other Member States thereof. 
4. Where a Member State or the Commission considers that a
body notified by another Member State does not meet the criteri a
provided for in the delegated acts referred to in paragraph 5 o f this
Article, the matter shall be ref erred to the Electronic Toll Co mmittee
referred to in Article 31(1), which shall deliver its opinion w ithin three
months. In the light of the opinion of that Committee, the Comm ission
shall inform the Member State which notified the body in questi on of
any changes that are necessary f or the notified body to retain the status
conferred upon it. 
5. The Commission shall adopt delegated acts in accordance
with Article 30, at the latest by 19 October 2019, to lay down the
minimum criteria of eligibility for notified bodies. 
Article 20
Coordination Group
A Coordination Group o f the bodies notified under Article 19(1)
(the "Coordination Group") shal l be set up as a working group of
the Electronic Toll Committee re ferred to in Article 31(1), in
accordance with that Committee's Rules of Procedure. 
Article 21
Registers
1. For the purposes of the implementation of this Directive,
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each Member State shall keep a n ational electronic register of the
following: 
(a) the EETS domains within their territory, including
information relating to: 
(i) the corresponding toll chargers; 
(ii) the tolling technologies employed; 
(iii) the toll context data; 
(iv) the EETS domain statement; and (v) the EETS providers having EETS contracts
with the toll chargers active in the territory of that Member
State; 
(b) the EETS providers to whom it has granted
registration in accordance with Article 4; and 
(c) the details of the single contact office referred to in
Article 18 for EETS including a contact email address and
telephone number.
Unless otherwise specified, Member States shall verify at least
once a year that the requirements set out in points (a), (d), ( e) and (f) of
Article 4 are still met, and sh all update the register accordin gly. The
register shall also contain the conclusions of the audit provid ed for in
point (e) of Article 4. A Member S tate shall not be held liable  for the
actions of the EETS providers mentioned in its register. 
2. Member States shall take the measures necessary to ensure
that all the data contained in the  national electronic register  are kept
up-to-date and are accurate. 
3. The registers shall be el ectronically accessible to the
public. 
4. These registers shall be a vailable as of 19 October 2021. 
5. At the end of each calendar year, the Member States
authorities in charge of the registers shall communicate, to th e
Commission, by electronic means, the registers of EETS domains and
EETS providers. The Commission shall make the information
available to the other Member St ates. Any inconsistencies with the
situation in a Member State shal l be brought to the attention o f the
Member State of registration and of the Commission. 
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CHAPTER VII
PILOT SYSTEMS
Article 22
Pilot toll systems
1. To allow for EETS technical development, Member States
may temporarily authorise, on limited parts of their toll domai n and in
parallel with the EETS compliant system, pilot toll systems
incorporating new technologies o r concepts which do not comply with
one or more provisions of this Directive. 
2. EETS providers shall not be required to participate in pilot
toll systems. 
3. Before starting a pilot toll system, the Member State
concerned shall request the aut horisation of the Commission. Th e
Commission shall issue the author isation or refuse it, in the form of a
Decision, within six months from the moment it received the request.The Commission may refuse the aut horisation if the pilot toll s ystem
could prejudice the correct functio ning of the regular electron ic road
toll system or of the EETS. The initial period of such authoris ation
shall not exceed three years. 
CHAPTER VIII
EXCHANGE OF INFORMATION ON THE FAILURE TO PAY 
ROAD FEES
Article 23
Procedure for the exchange of information between Member 
States
1. In order to allow the identification of the vehicle, and the
owner or holder of that vehicle, for which a failure to pay a r oad fee
has been established, each Member State shall grant access only  t o
other Member States' national contact points to the following n ational
vehicle registration data, with the power to conduct automatedsearches thereon: 
(a) data relating to vehicles; and 
(b) data relating to the owners or holders of the vehicle. 
The data elements referred to in points (a) and (b) which are
necessary in order to conduct an automated search shall comply with
Annex I 
2. For the purposes of the exchange of data referred to in
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paragraph 1, each Member State shall designate a national conta ct
point. Member States shall take the measures necessary to ensure that
the exchange of information between Member States takes place o nly
between the national contact poin ts. The powers of the national  contact
points shall be governed by the applicable law of the Member St ate
concerned. In that data exchange process, particular attention shall bepaid to the proper protec tion of personal data. 
3. When conducting an automated search in the form of an
outgoing request, the national contact point of the Member Stat e in
whose territory there was a fail ure to pay a road fee shall use  a full
registration number. 
Those automated searches shall  be conducted in compliance with
the procedures referred to in poi nts 2 and 3 of Chapter 3 of th e Annex
to Council Decision 2008/616/JHA 
* and with the requirements of
Annex I to this Directive.
The Member State in whose territory there was a failure to pay a
road fee shall use the data obtained in order to establish who is liable
for the failure to pay that fee. 
4. Member States shall take the measures necessary to ensure
that the exchange of information is carried out using the Europ ean
Vehicle and Driving Licence Info rmation System (Eucaris) softwa re
application and amende d versions of this software, in complianc e with
Annex I to this Directive and wi th points 2 and 3 of Chapter 3 of the
Annex to Decision 2008/616/JHA. 
5. Each Member State shall bear its own costs arising from the
administration, use and maintenance of the software application s
referred to in paragraph 4. 
Article 24
Information letter on the failure to pay a road fee
1. The Member State in whose territory there was a failure to
pay a road fee shall decide whether or not to initiate follow-u p
proceedings in relation to the failure to pay a road fee. 
Where the Member State in whose territory there was a failure t o
pay a road fee decides to initiate such proceedings, that Membe r State
shall, in accordance with its na tional law, inform the owner, t he holder
of the vehicle or the otherwise identified person suspected of failing to
* Council Decision 2008/616/JHA of 23 June 2008 on the implemen tation of Deci-
sion 2008/615/JHA on the stepping up of cross- border cooperati on, particularly 
in combating terrorism and cros s-border crime (OJ L 210, 6.8.20 08, p. 12).
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pay the road fee. 
This information shall, as applicable under national law, inclu de
the legal consequences thereof w ithin the territory of the Memb er State
in which there was a failure to pay a road fee under the law of  that
Member State. 
2. When sending the information letter to the owner, the
holder of the vehicle or to the otherwise identified person sus pected of
failing to pay the road fee, the  Member State in whose territory there
was a failure to pay a road fee shall, in accordance with its n ational
law, include any relevant informa tion, notably the nature of th e failure
to pay the road fee, the place, date and time of the failure to  pay the
road fee, the title of the texts  of the national law infringed,  the right to
appeal and to have access to information, and the sanction and, where
appropriate, data concerning the device used for detecting the failure
to pay a road fee. For that purpose, the Member State in whose
territory there was a failure to pay a road fee shall base the information
letter on the template set out in Annex II. 
3. Where the Member State in whose territory there was a
failure to pay a road fee decides to initiate follow-up proceed ings in
relation to the failure to pay a road fee, it shall, for the pu rpose of
ensuring the respect of fundamental rights, send the informatio n letter
in the language of the registration document of the vehicle, if
available, or in one of the official languages of the Member St ate of
registration. 
Article 25 
Follow-up proceedings by the levying entities 
1. The Member State on whose territory there was a failure to
pay a road fee may provide to the entity responsible for levyin g the
road fee the data obtained through the procedure referred to in  Article
23(1) only if the follo wing conditions are met: 
(a) the data transferred is limited to what is needed by
that entity to obtain the road fee due; 
(b) the procedure for obtaining  the road fee due complies
with the procedure provided for in Article 24; 
(c) the entity concerned is  responsible for carrying out
this procedure; and 
(d) compliance with the payment order issued by the
entity receiving the data puts an end to the failure to pay a r oad
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fee. 
2. Member States shall ensure that the data provided to the
responsible entity are used solely for the purpose of obtaining  the road
fee due and is immediately deleted once the road fee is paid or , if the
failure to pay persists, within a reasonable period after the transfer of
the data, to be set by the Member State. 
Article 26
Reporting by Member States to the Commission
Each Member State shall send a comprehensive report to the
Commission by 19 April 2023 and every three years thereafter. 
The comprehensive report shall indicate the number of automated
searches conducted by the Member S tate in whose territory there
was a failure to pay a road fee addressed to the national conta ct
point of the Member State of re gistration, following failures t o pay
road fees that occurred on its territory, together with the num ber of
failed requests.  
The comprehensive report shall also include a description of th e
situation at national level in r elation to the follow-up concer ning the
failures to pay road fees, based on the proportion of such fail ures to
pay road fees which have been f ollowed up by information letter s.
Article 27
Data protection
1. Regulation (EU) 2016/679 and the national laws,
regulations or administrative pr ovisions transposing Directives  2002/
58/EC and (EU) 2016/680 shall apply to personal data processed under
this Directive. 
2. Member States shall, in accordance with applicable data
protection legislation, take the measures necessary, to ensure that: 
(a) the processing of personal data for the purposes of
Articles 23, 24 and 25 is limited to the types of data listed i n
Annex I to this Directive; 
(b) personal data are accurate, kept up-to date and
requests for rectification or e rasure are handled without undue
delay; and 
(c) a time limit is established for the storage of personal
data. Member States shall take t he measures necessary to ensure
that personal data processed unde r this Directive are used only
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for the purposes of: 
(a) identification of suspected offenders in view of
the obligation to pay road fees  within the scope of Article
5(8); 
(b) ensuring the compliance of the toll charger as
regards its obligations to tax authorities within the scope of
Article 5(9); and 
(c) identification of the v e h i c l e  a n d  t h e  o w n e r  o r
holder of the vehicle for which a failure to pay a road fee
has been established within the scope of Articles 23 and 24. 
Member States shall also take th e measures necessary to ensure
that the data subjects have th e same rights of information, acc ess,
rectification, erasure and rest riction of processing, and to lo dge a
complaint with a data protection supervisory authority, compens ation
and an effective judicial remedy as provided for in Regulation (EU)
2016/679 or, where applicable, Directive (EU) 2016/680. 
3. This Article shall not affect the possibility of Member
States to restrict the scope o f the obligations and rights prov ided for in
certain provisions of Regulation (EU) 2016/679 in accordance wi th
Article 23 of that Regulation for the purposes listed in the fi rst
paragraph of that Article. 
4. Any person concerned shall have the right to obtain,
without undue delay, information on which personal data recorde d in
the Member State of registration w ere transmitted to the Member  State
in which there was a failure to pay a road fee, including the d ate of the
request and the competent authority of the Member State in whos e
territory there was a failure to pay a road fee. 
CHAPTER IX
FINAL PROVISIONS
Article 28
Report
1. By 19 April 2023, the Commission shall present a report to
the European Parliament and to the Council on the implementation andeffects of this Directive, in pa rticular as regards the advance ment and
deployment of the EETS and the ef fectiveness and efficiency of the
mechanism for the exchange of data in the framework of theinvestigation of events of  failure to pay road fees. 
The report shall analyse in particular the following: 
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(a) the effect of Article 5(1) and (2) on the deployment of
EETS, with a particular focus on the availability of the servic e in
small or peripheral EETS domains; 
(b) the effectiveness of Articles 23, 24 and 25 on the
reduction in the number of failures to pay road fees in the Union;
and 
(c) the progress made on interoperability aspects
between electronic road toll sy stems using satellite positionin g
and 5,8 GHz microwave technology.
2. The report shall be accompanied, if appropriate, by a
proposal to the European Parliament and the Council for further
revision of this Directive, reg arding notably the following ele ments: 
(a) additional measures to ensure that the EETS is
available in all EETS domains, including small and peripheralones; 
(b) measures to further facilitate the cross-border
enforcement of the obligation to pay road fees in the Union,including mutual assista nce arrangements; and 
(c) the extension of the provisions facilitating cross-
border enforcement to low emission zones, restricted accesszones or other urban vehicle access regulation schemes. 
Article 29
Delegated acts
The Commission is empowered to adopt delegated acts, in
accordance with Article 30, updating Annex I to take into accountany relevant amendments to be m ade to Council Decisions 2008/
615/JHA 
* and 2008/616/JHA or where this is required by any other
relevant legal acts of the Union. 
Article 30
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the
Commission subject to the conditions laid down in this Article. 
2. The power to adopt delegated acts referred to in Article
* Council Decision 2008/615/JHA of 23 June 2008 on the stepping  up of cross-bor-
der cooperation, particularly in combating terrorism and cross- border crime (OJ 
L 210, 6.8.2008, p. 1).
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8(5), Article 10(3), Article 15(4) and (5), Article 19(5) and A rticle 29
shall be conferred on the Commission for a period of five years  from
18 April 2019. The Commission shall draw up a report in respect  of
the delegation of power not later than nine months before the end of
the five-year period. The delegation of power shall be tacitly extended
for periods of an identical duration, unless the European Parli ament or
the Council opposes such extensi on not later than three months before
the end of each period. 
3. The delegation of power referred to in Article 8(5), Article
10(3), Article 15(4) and (5), Art icle 19(5) and Article 29 may be
revoked at any time by the Europe an Parliament or by the Counci l. A
decision to revoke shall put an end to the delegation of the po wer
specified in that decision. It shall take effect the day follow ing the
publication of the decision in the Official Journal of the European
Union or at a later date specified the rein. It shall not affect the v alidity
of any delegated acts already in force. 
4. Before adopting a delegated act, the Commission shall
consult experts designated by ea ch Member State in accordance w ith
the principles laid down in the I nterinstitutional Agreement of  13 April
2016 on Better Law-Making. 
5. As soon as it adopts a delegated act, the Commission shall
notify it simultaneously to the European Parliament and to theCouncil. 
6. A delegated act adopted pursuant to Article 8(5), Article
10(3), Article 15(4) and (5), Article 19(5) and Article 29 shal l enter
into force only if no objection has been expressed either by th e
European Parliament or by the Council within a period of two mo nths
of notification of that act to the European Parliament and the Council
or if, before the expiry of th at period, the European Parliament and the
Council have both informed the Commission that they will not ob ject.
That period shall be extended by two months at the initiative o f the
European Parliament or of the Council.
Article 31
Committee procedure
1. The Commission shall be ass isted by the Electronic Toll
Committee. 
That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011. 
2. When reference is made to this paragraph, Article 5 of
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Regulation (EU) No 182/2011 shal l apply. Where the committee
delivers no opinion, the Commission shall not adopt the draft
implementing act and the third s ub-paragraph of Article 5(4) of
Regulation (EU) No 182/2011 shall apply.
Article 32
Transposition
1. Member States shall adopt and publish, by 19 October
2021, the laws, regulations and administrative provisions necessary tocomply with Articles 1 to 27 and Annexes I and II. They shall
immediately communicate the text of those measures to the
Commission. 
They shall apply those me asures from 19 October 2021. 
When Member States adopt those measures, they shall contain a
reference to this Directive or shall be accompanied by such a r eference
on the occasion of their official publication. They shall also include a
statement that references in e xisting laws, regulations and
administrative provisions to the Directive repealed by this Dir ective
shall be construed as references to this Directive. Member States shall
determine how such reference is t o be made and how that stateme nt is
to be formulated. 
2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in  t h e
field covered by this Directive. 
Article 33
Repeal
Directive 2004/52/EC is repealed w ith effect from 20 October 2021,
without prejudice to the obligations of the Member States relat ing
to the time-limit for the transposition into national law of th e
Directive set out in Annex III, Part B. 
References to the repealed Directive shall be construed as
references to this Directive an d shall be read in accordance with the
correlation table set out in Annex IV . 
Article 34
Entry into force
This Directive shall enter into force on the twentieth day foll owing
that of its publication in the Official Journal of the European Union . 
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Article 35
Addressees
This Directive is addresse d to the Member States. 
Done at Brussels, 19 March 2019. 
ANNEX I
Data elements necessary to conduc t the automated search referre d 
to in Article 23(1)
Data elements provided as a result of the automated search
conducted pursuant to Article 23(1) 
Part I. Data relating to vehiclesFor the European
Parliament For the Council
The PresidentThe President
A. TAJANI G. CIAMBA
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Part II. Data relating to owners or holders of the vehicles
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ANNEX II
TEMPLATE FOR THE INFORMATION LETTER
referred to in Article 24
[Cover page] 
......................................................... 
............................................................... .....
[Name, address and tele phone number of sender]................. ........
...............................................................................................................
.... [Name and address of addressee] 
INFORMATION LETTER
regarding the failure to pay a road fee occurred in .,......... .......
………………………………………………
[name of the Member State in whos e territory there was a failur e
to pay a road fee]
Page 2On .................................................................................... a
f a i l u r e  t o  p a y  a  r o a d  f e e  w i t h  t h e  v e h i c l e  w i t h  r e g i s t r a t i o n
……………………………
[date] 
number .......................... make ........................ ...... model
........................ was detected by ...................... .................
[name of the responsible body]
[Option 1] 
(1) 
You are registered as the holder of the registration certificat e of
the abovementioned vehicle. 
[Option 2] (1) 
The holder of the registration certificate of the abovementione d
vehicle indicated that  you were driving that  vehicle when the f ailure to
pay a road fee was committed. The relevant details of the failure to pay
a road fee are described on page 3 below. 
The amount of the financial pena lty due for the failure to pay a
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road fee is .............................. EUR/national currency (1). The amount
of the road fee due to pay is ................................. ............. EUR/
national currency (1). 
Deadline for the payment is .................................................. 
You are advised to complete the attached reply form (page 4) an d
send it to the address shown, if you do not pay this financial penalty
(1)/road fee (1). 
This letter shall be processed i n accordance with the national law
of ...........................................................................................[name of
the Member State in whose territory there was a failure to pay a road
fee].
Page 3
Relevant details concerning the failure to pay a road fee 
(a) Data concerning the vehicle which was used in the failure t o
p a y  a     r o a d  f e e :  R e g i s t r a t i o n  n u m b e r :  .........................................
Member State of registration: ……......................................................
Make and model ............................................................................... 
(b) Data concerning the failure to pay a road fee: 
Place, date and time where the failure to pay a road fee occurr ed:
...............................................................................................................
............................................................................................................... 
Nature and legal classification of  the failure to pay a road fe e:
..............................................................................................................................................................................................................................
Detailed description of the failure to pay a road fee:
..............................................................................................................................................................................................................................
...............................................................................................................
Reference to the relevant legal provision(s):...............................................................................................................
...............................................................................................................
...............................................................................................................Description of or reference to the  evidence regarding the failu re to pay
a road fee: ........................................................................................... 
(c) Data concerning the device that was used for detecting the
failure to pay a road fee 
(2): 
Specification of the device: ..........................................
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Identification number  of the device: .......................... ........
Expiry date for the last gauging: ...................................
(1) Delete if not applicable. 
(2) Not applicable if no device has been used. 
Page 4
Reply form
(please complete using block capitals) 
Identity of the driv er: — Full name: ……........................ .... —
Place and date of birth........................................ .............................. —
Number of driving licence: ..............................................................
delivered (date): …………………and at (place): ................... — Address: …....................................................................... 
B. List of questions: 
1. Is the vehicle, make ................., registration number
......................, registered in your name? ................ yes/no 
(1) If not,
the holder of the registr ation certificate is:
............................................................... ....... (name, first name,
address)
2. Do you acknowledge that you failed to pay a road fee? yes/no
(1) 
3. If you do not acknowledge this, please explain why:
...............................................................................................................
...............................................................................................................Please send the completed form within 60 days from the date of this
information letter to the fo llowing authority or entity:
...............................................................................................................at the following address………………………………………………
............................................................... ................................................
VERŻJONI ELETTRONIKA
B 3411
INFORMATION
 (Where the information letter is sent by the entity responsible for
levying the road fee pursuant to Article 25): 
If the road fee due is not paid within the deadline set out in this
information letter, this case will be forwarded to and examined  by the
competent authority of ……...................................... ............................
[name of the Member State in whose territory there was a failur e to
pay a road fee]. 
If this case is not pursued, you will be informed within 60 day s
after receipt of the reply form or the proof of payment (1).
 / 
(Where the information letter is sent by the competent authorit y
of the Member State): This case will be examined by the compete nt
authority of ................................................................................ [name
of the Member State in whose territory there was a failure to p ay a road
fee]. If this case is not pursue d, you will be informed within 60 days
after receipt of the reply form or the proof of payment (1).
 (1) Delete if not applicable. 
If this case is pursued, the following procedure applies:
..............................................................................................................................................................................................................................
...............................................................................................................
..............................................................................................................................................................................................................................
...............................................................................................................
..............................................................................................................................................................................................................................
...............................................................................................................
..............................................................................................................................................................................................................................
...............................................................................................................
............................................................
[to be filled in by the Member S tate in whose territory there w as a
failure to pay a road fee – what the further procedure will be,  Including
details of the possibility and procedure of appeal against the decision
to pursue the case. These details shall in any event include: name and
address of the authority or entity in charge of pursuing the ca se;
deadline for payment; name and address of the body of appealconcerned; deadline for appeal]. 
VERŻJONI ELETTRONIKA
B 3412
This letter as such does not lead to legal consequences. 
Data protection disclaimer
[Where Regulation (EU) 2016/679 is applicable: 
In accordance with Regulation (EU) 2016/679, you have the right  to 
request access to, and rectifi cation or erasure of, personal da ta or 
restriction of processing of your personal data or to object to  the 
processing, as well as the right to data portability. You also have the 
right to lodge a compl aint with [name and addr ess of the releva nt 
supervisory authority]. [Where Directive (EU) 2016/680 is applicable: 
In accordance with [name of the national law applying Directive  (EU) 
2016/680], you have the right to reque st from the c ontroller access to 
and rectification or erasure of  personal data and restriction o f 
processing of your personal data. You also have the right to lodge a 
complaint with [name and address  of the relevant supervisory 
authority].]
VERŻJONI ELETTRONIKA
B 3413
ANNEX III
PART A
Repealed Directive with  the amendment thereto
(referred to in Article 33)
PART B
Time-limit for transposition into national law
(referred to in Article 33)
VERŻJONI ELETTRONIKA
B 3414
ANNEX IV
Correlation 
Table
VERŻJONI ELETTRONIKA
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VERŻJONI ELETTRONIKA
________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz/Price
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