Corrigendum to Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (OJ L 166, 30.4.2004)
Date: 2004-06-07
Institutions: Council of the European Union, European Parliament
Subjects: EU Member State, European Committee for Standardisation, electronic equipment, ionising radiation, technical standard, toll

L 200/50

EN

Official Journal of the European Union

7.6.2004

Corrigendum to Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the
interoperability of electronic road toll systems in the Community

(Official Journal of the European Union L 166 of 30 April 2004)

Directive 2004/52/EC should read as follows:

DIRECTIVE 2004/52/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 29 April 2004
on the interoperability of electronic road toll systems in the Community

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

appropriate level of interoperability at a European level.
The communication of the Commission on interoperable
electronic fee collection systems in Europe was the first
stage of this strategy.

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 7(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (3),

Whereas:

(1)

By its Resolution of 17 June 1997 on the development of
telematics in road transport, in particular with respect to
electronic fee collection (EFC) (4), the Council called on the
Commission and Member States to develop a strategy for
the convergence of EFC systems in order to achieve an

(1) OJ C 32, 5.2.2004, p. 36.
(2) OJ C 73, 23.3.2004, p. 54.
(3) Opinion of the European Parliament of 18 December 2003 (not yet
published in the Official Journal), Council Common Position of
22 March 2004 (OJ C 95 E, 20.4.2004, p. 53) and Position of
the European Parliament of 20 April 2004.

(4) OJ C 194, 25.6.1997, p. 5.

(2)

(3)

(4)

The majority of Member States which have installed elec-
tronic toll systems to finance road infrastructure costs or
to collect road usage fees (jointly referred to hereinafter as
‘electronic toll systems’) use short-range microwave tech-
nology and frequencies close to 5,8 GHz, but these systems
are currently not totally compatible. The work on micro-
wave technology undertaken by the European Committee
for Standardisation (CEN) resulted in January 2003 in the
preparation of technical standards making for the compat-
ibility of 5,8 GHz microwave electronic toll systems, fol-
lowing the adoption of technical pre-standards in 1997.
However, these pre-standards do not cover all the dedi-
cated short-range communications (DSRC) 5,8 GHz sys-
tems in operation in the Community and encompass two
variants which are not totally compatible. They are based
on the open systems interconnection model defined by the
International Standardisation Organisation for communi-
cation between computer systems.

Manufacturers of equipment and infrastructure managers
have nonetheless agreed, within the Community,
to
develop interoperable products based on existing
DSRC 5,8 GHz systems. The equipment that will need to
be made available to users should accordingly be capable
of communicating with the technologies that may only be
used in new electronic toll systems to be deployed in the
Community after 1 January 2007, namely satellite posi-
tioning technology, mobile communications technology
using the GSM-GPRS standard and 5,8 GHz microwave
technology.

It is essential that the standardisation work be completed
as quickly as possible to establish technical standards
ensuring technical compatibility among electronic toll sys-
tems based on 5,8 GHz microwave technology and on sat-
ellite positioning and mobile communications technolo-
gies, in order to avoid further fragmentation of the market.

7.6.2004

EN

Official Journal of the European Union

L 200/51

(5)

It is necessary to provide for the widespread deployment of
electronic toll systems in the Member States and neigh-
bouring countries, and the need is arising to have interop-
erable systems suited to the future development of road-
charging policy at Community level and to future technical
developments.

proliferation of incompatible and expensive electronic
boxes in the driving cabs of heavy goods vehicles, and to
drivers making mistakes when using them with the result,
for example, of unintentionally avoiding payment. Such a
proliferation is unacceptable to users and to manufactur-
ers of vehicles for cost, safety and legal reasons.

(6)

The electronic toll systems should be interoperable and
based on open and public standards, available on a non-
discriminatory basis to all system suppliers.

(7)

In introducing new electronic toll systems, sufficient equip-
ment should be made available to avoid discrimination
between the undertakings concerned.

(10) Artificial barriers to the operation of the internal market
should be removed, while still allowing the Member States
and the Community to implement a variety of road-
charging policies for all types of vehicles at local, national
or international level. The equipment installed in vehicles
should allow such road-charging policies to be imple-
mented in accordance with the principles of non-
discrimination between the citizens of all Member States.
The interoperability of electronic toll systems at Commu-
nity level therefore needs to be ensured as soon as possible.

(8)

In particular, owing to their great flexibility and versatility,
application of the new satellite positioning (GNSS) and
mobile communications (GSM/GPRS) technologies to elec-
tronic toll systems may serve to meet the requirements of
the new road-charging policies planned at Community and
Member State level. These technologies enable the number
of kilometres covered per category of road to be counted
without requiring costly investment in infrastructure. They
also open the door to additional new safety and informa-
tion services for travellers, such as the automatic alarm
triggered by a vehicle involved in an accident and indicat-
ing its position, and real-time information on traffic con-
ditions, traffic levels and journey times. With regard to sat-
ellite positioning, the Galileo project launched by the
Community in 2002 is designed to provide, as of 2008,
information services of higher quality than that provided
by the current satellite navigation systems and which are
optimal for road telematic services. The European geosta-
tionary navigation overlay service (EGNOS) precursor sys-
tem will already be operational in 2004, providing similar
results. However, these innovative systems could raise
problems concerning the reliability of checks and with
regard to fraud prevention. However, owing to the consid-
erable advantages referred to above, the application of sat-
ellite positioning and mobile communications technolo-
gies is in principle to be recommended in introducing new
electronic toll systems.

(9)

The proliferation of technologies for electronic toll systems
already in use or planned in the coming years (mainly
5,8 GHz microwave, satellite positioning and mobile com-
munications) and the proliferation of
specifications
imposed by the Member States and neighbouring countries
for their electronic toll systems may compromise both the
smooth operation of the internal market and transport
policy objectives. Such a situation is liable to lead to the

(11) Drivers are legitimately concerned to see improved quality
of service on the road infrastructure, in particular in terms
of safety, as well as a substantial reduction in congestion at
toll plazas, especially on busy days and at certain particu-
larly congested points in the road network. The definition
of the European electronic toll service needs to address that
concern. Provision should, moreover, be made to ensure
that the technologies and components provided for can, as
far as technically possible, also be combined with other
vehicle
electronic
tachograph and emergency call capabilities. Intermodal
systems should not be excluded at a later stage.

in particular

components,

the

(12) The option of accessing other, future applications in addi-
tion to toll collection should be ensured by fitting appro-
priate equipment.

(13) A European electronic toll service should provide interop-
erability at technical, contractual and procedural
level,
covering:

(a) a single contract between the clients and the operators
offering the service, complying with a contractual set
of rules allowing all operators and/or issuers to pro-
vide the service, giving access to the whole network;

(b) a set of technical standards and requirements allow-
ing the industry to provide the necessary equipment
for the provision of the service.

L 200/52

EN

Official Journal of the European Union

7.6.2004

(14) Contractual

interoperability provides the potential for
important facilitation to some road users and for signifi-
cant economies in administration for commercial road
users.

(20)

(15)

Electronic toll systems contribute significantly to reducing
the risk of accidents, thus increasing road safety, to reduc-
ing the number of cash transactions and to reducing con-
gestion at toll plazas, especially on busy days. They also
reduce the negative environmental impact of waiting and
restarting vehicles and congestion, as well as the environ-
mental impact related to the installation of new toll gates
or expansion of existing toll stations.

(16) The White Paper on European Transport Policy for 2010
contains objectives of safety and fluidity of road traffic.
Interoperable intelligent transport services and systems are
a key tool in the achievement of these objectives.

(17) The introduction of electronic toll systems will entail the
processing of personal data. Such processing needs to be
carried out in accordance with Community rules, as set
out, inter alia, in Directive 95/46/EC of the European Par-
liament and of the Council of 24 October 1995 on the
protection of individuals with regard to the processing of
personal data and on the free movement of such data (1)
and Directive 2002/58/EC of the European Parliament and
of the Council of 12 July 2002 concerning the processing
of personal data and the protection of privacy in the elec-
tronic communications sector (2). The right to protection
of personal data is explicitly recognised by Article 8 of the
Charter of Fundamental Rights of the European Union.

(18) Automatic debiting of toll charges to bank accounts or
credit/debit card accounts which are domiciled anywhere,
in the Community and beyond, is conditional on a fully
operational Community payments
area with non-
discriminatory service charges.

(19)

future

Systems of electronic toll collection which are put in place
in the Member States should meet the following funda-
mental criteria: the system should be amenable to ready
incorporation of
technological and systems
improvements and developments without costly redun-
dancy of older models and methods, the costs of its adop-
tion by commercial and private road users should be insig-
nificant compared with the benefits to those road users as
well as to society as a whole, and its implementation in any
Member State should be non-discriminatory in all respects
between domestic road users and road users from other
Member States.

Since the objectives of this Directive, in particular, the
interoperability of electronic toll systems in the internal
market and the introduction of a European electronic toll
service covering the entire Community road network on
which tolls are charged, cannot be sufficiently achieved by
the Member States and can therefore, by reason of their
European dimension, be better achieved at Community
level, the Community may take measures, in accordance
with the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of proportion-
ality as set out in that Article, this Directive does not go
beyond what
is necessary in order to achieve those
objectives.

(21) The inclusion of interested parties (such as toll-service
operators, infrastructure managers, electronics and motor
industries and users) in Commission consultations on tech-
nical and contractual aspects of creating the European elec-
tronic toll service should be provided for. Where appro-
priate,
the Commission should also consult non-
governmental organisations active in the field of privacy
protection, road safety and the environment.

(22) To set up the European electronic toll service it will first be
necessary to establish guidelines to be laid down by the
Electronic Toll Committee established by this Directive.

(23) This Directive does not affect the Member States’ freedom
to lay down rules governing road infrastructure charging
and taxation matters.

(24) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers con-
ferred on the Commission (3),

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective and scope

1.
This Directive lays down the conditions necessary to ensure
the interoperability of electronic road toll systems in the Commu-
nity. It applies to the electronic collection of all types of road fees,
on the entire Community road network, urban and interurban,
motorways, major and minor roads, and various structures such
as tunnels, bridges and ferries.

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regula-

tion (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 201, 31.7.2002, p. 37.

(3) OJ L 184, 17.7.1999, p. 23.

7.6.2004

EN

Official Journal of the European Union

L 200/53

2.

This Directive does not apply to:

(a)

road toll systems for which no electronic means of toll col-
lection exists;

(b) electronic road toll systems which do not need the installa-

tion of on-board equipment;

(c)

small, strictly local road toll systems for which the costs of
compliance with the requirements of this Directive would be
disproportionate to the benefits.

3.
To achieve the objective set in paragraph 1, a European elec-
tronic toll service shall be created. This service, which is comple-
mentary to the national electronic toll services of the Member
States, shall ensure the interoperability throughout the Commu-
nity, for users, of the electronic toll systems that have already been
introduced in the Member States and of those to be introduced in
the future in the framework of this Directive.

Article 2

Technological solutions

1.
All new electronic toll systems brought into service on or
after 1 January 2007 shall, for carrying out electronic toll trans-
actions, use one or more of the following technologies:

(a)

satellite positioning;

(b) mobile communications using the GSM-GPRS standard (ref-

erence GSM TS 03.60/23.060);

(c) 5,8 GHz microwave technology

2.
The European electronic toll service shall be brought into
service pursuant to Article 3(1). Operators shall make available to
interested users on-board equipment which is suitable for use
with all electronic toll systems in service in the Member States
using the technologies referred to in paragraph 1 and which is
suitable for use in all types of vehicle, in accordance with the
timetable set out in Article 3(4). This equipment shall at least be
interoperable and capable of communicating with all the systems
operating in the Member States using one or more of the tech-
nologies listed in paragraph 1. The detailed arrangements in this
respect shall be determined by the Committee referred to in
including arrangements for the availability of
Article 5(1),
on-board equipment to meet the demand of interested users.

It is recommended that new electronic toll systems brought
3.
into service after the adoption of this Directive use the satellite
positioning and mobile communications technologies listed in
paragraph 1. In respect of the possible migration to systems using
such technologies by systems using other technologies, the Com-
mission, in liaison with the Committee referred to in Article 5(1),
shall draw up a report by 31 December 2009. This report shall
include a study of use of each of the technologies referred to in
paragraph 1, as well as a cost-benefit analysis. If appropriate, the
Commission shall accompany the report with a proposal to the
European Parliament and the Council for a migration strategy.

4. Without prejudice to paragraph 1, on-board equipment
may also be suitable for other technologies, on condition that this
does not lead to an additional burden for users or create discrimi-
nation between them. Where relevant, on-board equipment may
also be linked to the vehicle’s electronic tachograph.

5. Where Member States have toll systems, they shall take the
necessary measures to increase the use of electronic toll systems.
They shall endeavour to ensure that, by 1 January 2007 at the lat-
est, at least 50 % of traffic flow in each toll station can use elec-
tronic toll systems. Lanes used for electronic toll collection may
also be used for toll collection by other means, with due regard to
safety.

Interoperability work on existing toll technologies under-
6.
taken in connection with the European electronic toll service shall
ensure the full compatibility and interfacing of those technolo-
gies with the technologies referred to in paragraph 1 and of their
equipment with each other.

7. Member States shall ensure that processing of personal data
necessary for the operation of the European electronic toll service
is carried out in accordance with the Community rules protecting
the freedoms and fundamental rights of individuals, including
their privacy, and that, in particular, the provisions of Directives
95/46/EC and 2002/58/EC are complied with.

Article 3

Setting-up of a European electronic toll service

1.
A European electronic toll service shall be set up which
encompasses all the road networks in the Community on which
tolls or road-usage fees are collected electronically. This electronic
toll service will be defined by a contractual set of rules allowing
all operators and/or issuers to provide the service, a set of tech-
nical standards and requirements and a single subscription con-
tract between the clients and the operators and/or issuers offering
the service. This contract shall give access to the service on the
whole of the network and subscriptions shall be available from
the operator of any part of the network and/or from the issuer.

L 200/54

EN

Official Journal of the European Union

7.6.2004

The European electronic toll service shall be independent of
2.
the fundamental decisions taken by Member States to levy tolls on
particular types of vehicles, of the level of charges and of the pur-
pose for which such charges are levied. It shall concern only the
method of collecting tolls or fees. The service shall allow for con-
tracts to be concluded irrespective of the place of registration of
the vehicle, the nationality of the parties to the contract, and the
zone or point on the road network in respect of which the toll is
due.

The system shall allow intermodality to develop without

3.
creating disadvantages for other modes of transport.

4. Where Member States have national systems of electronic
toll collection, they shall ensure that operators and/or issuers offer
the European electronic toll service to their customers in accor-
dance with the following timetable:

(a)

for all vehicles exceeding 3,5 tonnes and for all vehicles
which are allowed to carry more than nine passengers (driver
+ 8), at the latest three years after the decisions on the defi-
nition of the European electronic toll service, as referred to in
Article 4(4), have been taken;

(b)

for all other types of vehicle, at the latest five years after the
decisions on the definition of the European electronic toll
service, as referred to in Article 4(4), have been taken.

If the decisions referred to in paragraph 4 are not taken by
5.
1 July 2006, the Commission shall, in accordance with the pro-
cedure referred to in Article 5(2), set a new date by which such
decisions are to be taken.

6.
Technical decisions relating to the realisation of the Euro-
pean electronic toll service shall be taken by the Commission in
accordance with the procedure referred to in Article 5(2).

The Commission shall ask the relevant standardisation bod-
7.
ies, in particular the CEN, in accordance with the procedure laid
down by Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure for the pro-
vision of information in the field of technical standards and regu-
lations (1), to make every necessary effort rapidly to adopt stan-
dards applicable to electronic toll systems with regard to the
technologies listed in Article 2(1).

8.
Equipment for the European electronic toll service shall
comply in particular with the requirements of Directives
1999/5/EC of the European Parliament and of the Council of
9 March 1999 on radio equipment and telecommunications ter-
minal equipment and the mutual recognition of their confor-
mity (2) and Council Directive 89/336/EEC of 3 May 1989 on the
approximation of the laws of the Member States relating to elec-
tromagnetic compatibility (3).

Article 4

Features of the European electronic toll service

Article 5

Committee procedure

The European electronic toll service shall be based on the

1.
items listed in the Annex to this Directive.

2. Where appropriate, this Annex may be modified for tech-
nical reasons in accordance with the procedure referred to in
Article 5(2).

3.
The European electronic toll service shall employ the tech-
nological solutions referred to in Article 2, using specifications
which shall be publicly available.

The Commission shall be assisted by an Electronic Toll

1.
Committee (hereinafter the Committee).

2. Where reference is made to this paragraph, Articles 5 and 7
of Decision 1999/468/EC shall apply, having regard to the pro-
visions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

The decisions relating to the definition of the European elec-
4.
tronic toll service shall be taken by the Commission in accordance
with the procedure referred to in Article 5(2), by 1 July 2006.
Such decisions shall only be taken if all the conditions, evaluated
on the basis of appropriate studies, are in place to enable interop-
erability to work from all points of view, including technical, legal
and commercial.

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

(2) OJ L 91, 7.4.1999, p. 10. Directive as amended by Regulation (EC)

No 1882/2003.

(3) OJ L 139, 23.5.1989, p. 19. Directive as last amended by

Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).

7.6.2004

EN

Official Journal of the European Union

L 200/55

3.

The Committee shall adopt its Rules of Procedure.

on the occasion of their official publication. The methods of mak-
ing such reference shall be laid down by Member States.

Article 6

Implementation

Article 7

Entry into force

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
before 20 November 2005. They shall immediately forward to the
Commission the text of those provisions, together with a table
correlating those provisions with this Directive.

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European Union.

Article 8

Addressees

When Member States adopt these measures, they shall contain a
reference to this Directive or be accompanied by such a reference

This Directive is addressed to the Member States.

Done at Brussels, 29 April 2004.

For the European Parliament
The President
P. COX

For the Council
The President
M. McDOWELL

L 200/56

EN

Official Journal of the European Union

7.6.2004

ANNEX

Items required for the definition and deployment of the European
electronic toll service

The matters listed below are essential for the definition and deployment of the European electronic toll service set up under
the Directive. These matters are distinguished between technical, procedural and legal issues:

Technical issues:

(a)

operational procedures for the service: subscription, instructions for use, installation and attachment of on-board equip-
ment in vehicles, processing of transactions at toll stations or for continuous charging, procedures for recovering trans-
action data in the event of equipment breakdown or malfunction, control systems, invoicing and collection of sums
due, after-sales service, customer assistance, definition of the level of service offered to customers; when establishing
such operational procedures, the existing procedures in the Member States shall be taken into account;

(b)

functional specifications of the service: description of the functions of on-board equipment and ground-based
equipment;

(c)

technical specifications of ground-based and on-board equipment supporting the service, and the standards, certifica-
tion procedures and constraints to be observed;

(d)

launching and following up work involving relevant standardisation bodies, and any technical additions to the stan-
dards or pre-standards used, in order to ensure interoperability,

(e)

specifications for installing on-board equipment;

(f)

transactional models: precise definition of transactional algorithms for each different type of toll (fixed-point tolls or
continuous charging), and definition of the data exchanged between on-board and ground-based equipment and of the
data formats;

(g)

arrangements for the availability of on-board equipment to meet the demand of all interested users;

Procedural issues:

(h) procedures for verification of technical performance of on-board equipment, roadside equipment and the way equip-

ment is installed in vehicles;

(i)

parameters for vehicle classification: validation of a Community list of technical parameters from which each Member
State will select those it wishes to use for its charging policy. The parameters will represent vehicles’ physical, engine
and environmental characteristics. Establishment of vehicle classes based on those parameters will be a matter for Mem-
ber States;

(j)

implementation of procedures for dealing with particular cases, such as any type of malfunction. This relates in par-
ticular to cases in which the road toll operators and the customer come from different countries;

7.6.2004

EN

Official Journal of the European Union

L 200/57

Legal issues:

(k)

validation of the chosen technical solutions vis-à-vis the Community rules protecting the freedoms and fundamental
rights of
it will be necessary to ensure compliance with
Directive 95/46/EC and Directive 2002/58/EC;

including their privacy.

In particular,

individuals,

(l)

setting non-discriminatory common rules and minimum requirements which potential service providers should respect
when providing the service;

(m) assessment of the possibility of harmonising the rules of enforcement relating to electronic road tolls;

(n)

a memorandum of understanding between road toll operators, enabling the European electronic toll service to be imple-
mented, including conflict resolution procedures.