Directive 2006/38/EC of the European Parliament and of the Council of  17 May 2006  amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures
Date: 2006-05-17
Institutions: Council of the European Union, European Parliament
Subjects: carriage of goods, commercial vehicle, toll, trans-European network, transport infrastructure, vehicle tax

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DIRECTIVE 2006/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 17 May 2006

amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures

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

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 71(1) thereof,

Having regard to Directive 1999/62/EC (1), and in particular
Article 7 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (2),

(4)

Having regard to the opinion of
Regions (3),

the Committee of

the

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (4),

Whereas:

(1)

(2)

Eliminating distortions of competition between transport
undertakings in the Member States, the proper func-
tioning of the internal market and improved competi-
tiveness all depend on fair mechanisms being established
infrastructure use.
to charge hauliers for the cost of
A degree of harmonisation has already been achieved
through Directive 1999/62/EC.

A fairer system of charging for the use of road infra-
structure, based on the ‘user pays’ principle and the
ability to apply the ‘polluter pays’ principle, for instance
through the variation of tolls to take account of the
environmental performance of vehicles,
in
order to encourage sustainable transport in the Com-
munity. The objective of making optimum use of the
existing road network and achieving a significant reduc-
tion in its negative impact should be achieved in such a
way as to avoid double taxation and without imposing
in the interests of
additional burdens on operators,
sound economic growth and the proper functioning of
the internal market, including outlying regions.

is crucial

(3)

The Commission announced its intention of proposing a
directive on charging for the use of road infrastructure
in the White Paper ‘European transport policy for 2010:
time to decide’. The European Parliament confirmed the
need for infrastructure charging when it adopted its

(1) OJ L 187, 20.7.1999, p. 42. Directive as amended by the 2003 Act

of Accession.

(2) OJ C 241, 28.9.2004, p. 58.
(3) OJ C 109, 30.4.2004, p. 14.
(4) Opinion of the European Parliament of 20 April 2004 (OJ C 104 E,
30.4.2004, p. 371), Council Common Position of 6 September
2005 (OJ C 275 E, 8.11.2005, p. 1) and Position of the European
Parliament of 15 December 2005 (not yet published in the Official
Journal). Council Decision of 27 March 2006.

resolution (5) on the conclusions of the White Paper on
12 February 2003. Following the Göteborg European
Council of 15 and 16 June 2001, which drew particular
attention to the issue of
the
Copenhagen European Council of 12 and 13 December
2002 and the Brussels European Council of 20 and
21 March 2003 also welcomed the Commission's inten-
tion of presenting a new ‘Eurovignette’ Directive.

sustainable transport,

In paragraph 29 of the Presidency conclusions of its
meeting in Göteborg, the European Council stated that a
sustainable transport policy should tackle rising volumes
of traffic and levels of congestion, noise and pollution
and encourage the use of environment-friendly modes of
transport as well as the full internalisation of social and
environmental costs.

For the purposes of setting tolls, Directive 1999/62/EC
takes account of infrastructure construction, operating,
maintenance and development costs. A specific provi-
sion is needed to ensure clarity regarding the construc-
tion costs that may be taken into account.

International road transport operations are concentrated
on the trans-European road transport network. Further-
more, the proper functioning of the internal market is
vital to commercial transport. Consequently, the Com-
munity framework should apply to commercial transport
on the trans-European road network as defined in
Decision No 1692/96/EC of the European Parliament
and of the Council of 23 July 1996 on Community
guidelines for the development of the trans-European
transport network (6). Member States should, in accord-
ance with the principle of subsidiarity, be free to apply
tolls and/or user charges on roads other than those on
the trans-European road network,
in compliance with
the Treaty. Where Member States choose to maintain or
introduce tolls and/or user charges only on parts of the
trans-European road network in their territory and not
on others, for reasons such as their isolation or low
levels of congestion or pollution or where essential for
the introduction of a new tolling arrangement,
the
choice of the parts of the network subject to tolls or
charges should not discriminate against
international
traffic and should not result in distortions of competition

(5)

(6)

(5) OJ C 43 E 19.2.2004, p. 250.
(6) OJ L 228, 9.9.1996, p. 1. Decision as last amended by Decision

No 884/2004/EC (OJ L 167, 30.4.2004, p. 1).

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between operators. The same requirements should apply
to cases where a Member State maintains or introduces
tolls and/or user charges on roads not forming part of
for example on
the trans-European road network,
parallel roads, with a view to managing traffic flows.

(7) Where a Member State chooses to extend tolls and/or
user charges beyond the trans-European road network,
for example to include parallel roads to which traffic
may be diverted from the trans-European road network
and/or which are in direct competition with certain
parts of
it should ensure coordination
with the authorities responsible for these roads.

that network,

For reasons of cost efficiency in the implementation of
tolling systems, the entire infrastructure to which a toll
relates may not necessarily be subject to access restric-
tions controlling tolls charged. Member States may
choose to implement this Directive through the use of
tolls at only a particular point on the infrastructure to
which the toll relates. This should not discriminate
against non-local traffic.

Tolls should be based on the principle of recovery of
infrastructure costs. In cases where such infrastructures
have been co-financed through the general budget of the
European Union,
the contribution made from Com-
munity funds should not be recovered through tolls,
unless there are specific provisions in the relevant Com-
munity instruments which take into account future toll
receipts in establishing the amount of Community co-fi-
nancing.

(8)

(9)

(10)

compensation for these charges. Such compensation
should not lead to distortions of competition within the
internal market and should be subject to the relevant
the
provisions of Community
minimum rates of vehicle taxes set out in Annex I to
Directive 1999/62/EC and the provisions of Council
Directive 2003/96/EC of 27 October 2003 restructuring
the Community framework for the taxation of energy
products and electricity (1).

in particular

law,

(13) Where Member States levy tolls or user charges for use
of roads in the trans-European road network, the roads
subject to charging should be given appropriate priority
schedules of Member States.
in the maintenance
Revenues from tolls or user charges should be used for
the maintenance of the infrastructure concerned and for
the transport sector as a whole, in the interest of the
balanced and sustainable development of
transport
networks.

(14)

Particular attention should be devoted to mountain
regions such as the Alps or the Pyrenees. The launch of
major new infrastructure projects has often failed
because the substantial financial resources they would
require were not available. In such regions, users may
therefore be required to pay a mark-up to finance essen-
tial projects of very high European value,
including
those involving another mode of transport in the same
corridor. This amount should be linked to the financial
needs of the project. It should also be linked to the basic
level of
the tolls in order to avoid artificially high
charges in any one corridor, which could lead to traffic
being diverted to other corridors, thereby causing local
congestion problems and inefficient use of networks.

The fact that the user is able to take decisions which will
influence the burden of
tolls by choosing the least
polluting vehicles and less congested periods or itiner-
aries is an important component of a charging system.
Member States should therefore be able to differentiate
tolls according to a vehicle's emission category (‘EURO’
classification) and the level of damage it causes to roads,
the place, the time and the amount of congestion. Such
differentiation in the level of tolls should be propor-
tionate to the objective pursued.

(15)

formalities or

Fees should be non-discriminatory and their collection
involve
should not
create
excessive
barriers
internal borders. Appropriate measures
at
should therefore be taken to facilitate payment by occa-
sional users, in particular where tolls and/or user charges
are collected exclusively by means of a system that
requires use of an electronic payment tool
(on-board
unit).

(11) Aspects of commercial pricing for road infrastructure
use not covered by this Directive should respect the
rules of the Treaty.

(16)

(12)

This Directive does not affect the freedom of Member
States which introduce a system of tolls and/or user
charges for infrastructure to provide, without prejudice
the Treaty, appropriate
to Articles 87 and 88 of

In order to prevent traffic being diverted because of
regimes between Member States and third
different
countries, the Commission should try to ensure that,
when negotiating international agreements, no measures
are taken by third countries, such as a transit right
trading system, that might have a discriminatory effect
on transit traffic.

(1) OJ L 283, 31.10.2003, p. 51. Directive as last amended by Direc-

tive 2004/75/EC (OJ L 157, 30.4.2004, p. 100).

(17)

(18)

(19)

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In order to ensure consistent, harmonised application of
the infrastructure charging system, new tolling arrange-
ments should calculate costs in accordance with the set
of core principles set out in Annex II or be set at a level
which does not go beyond that which would result from
the application of these principles. These requirements
should not apply to existing arrangements unless they
are substantially modified in the future. Such substantial
modifications would include any significant change to
the original terms and conditions of the tolling scheme
through modification of a contract with the tolling
system operator but would exclude changes provided for
In the case of concession
in the original
contracts, substantial modification could be implemented
pursuant to a public procurement process. In order to
achieve transparency without creating obstacles to the
functioning of the market economy and public private
partnerships, Member States must also communicate to
the Commission, so that the Commission is in a position
to give an opinion, the unit values and other parameters
they intend to apply to calculate the various cost
elements of the charges or,
in the case of concession
contracts, the relevant contract and base case. Opinions
adopted by the Commission before the introduction of
new tolling arrangements in Member States are entirely
without prejudice to the Commission's obligation under
the Treaty to ensure that Community law is applied.

scheme.

to adapt the requirements of Directive 1999/62/EC to
technical progress following consultation with Member
States for this purpose.

(21)

(22)

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
conferred on the Commission (1).

Since the objective of this Directive, namely to harmo-
nise the conditions applicable to tolls and user charges
for the use of road infrastructure, cannot be satisfactorily
achieved by the Member States acting alone and can
therefore, by reason of its European dimension and with
a view to safeguarding the internal market for transport,
be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of
subsidiarity enshrined in Article 5 of
In
accordance with the principle of proportionality as set
out in that Article, this Directive does not go beyond
what is necessary to achieve that objective.

the Treaty.

(23) Directive 1999/62/EC should be amended accordingly,

So as to enable an informed and objective decision to be
taken in the future regarding the possible application of
the ‘polluters pays’ principle for all modes of transport,
by means of
the internalisation of external costs,
should be developed,
uniform calculation principles
based on scientifically recognised data. Any future deci-
sion on this question should take full account of the tax
burden already borne by road haulage companies,
including vehicle taxes and fuel excise duties.

The Commission should begin work on developing a
generally applicable,
transparent and comprehensible
model for the assessment of external costs for all modes
of transport to serve as the basis for future calculations
of infrastructure charges. In carrying out this work, the
Commission should examine
all possible options
regarding the composition of the external costs to be
taken into account, having regard to the elements listed
in its 2001 White Paper ‘European Transport Policy for
2010’, carefully assessing the impact that internalisation
of the various cost options would have. The European
Parliament and the Council will examine diligently any
such proposal of the Commission for further revision of
Directive 1999/62/EC.

(20)

Further technical progress is still needed to develop the
system of charging for the use of road infrastructure.
There should be a procedure allowing the Commission

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1. Article 2 of Directive 1999/62/EC shall be amended as

follows:

(a) point (a) shall be replaced by the following:

(a)

‘“trans-European road network” means the road
network defined in Section 2 of Annex I to Deci-
sion No 1692/96/EC of the European Parliament
and of the Council of 23 July 1996 on Community
guidelines for the development of the trans-Euro-
pean transport network (*) as illustrated by maps.
to the corresponding sections
The maps
in
mentioned in the operative part of and/or
Annex II to that Decision;’

refer

(*) OJ L 228, 9.9.1996, p. 1. Decision as last amended
L 167,

by Decision No 884/2004/EC (OJ
30.4.2004, p. 1).

(b) the following points shall be inserted:

(aa)

‘“construction costs” means the costs related to
the
construction,
financing costs, of:

including, where appropriate,

— new infrastructure or new infrastructure
improvements (including significant structural
repairs), or

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

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structural

significant

— infrastructure or infrastructure improvements
(including
repairs)
completed no more than 30 years before
10 June 2008, where tolling arrangements are
already in place on 10 June 2008, or
completed no more than 30 years before the
establishment of any new tolling arrangements
introduced after 10 June 2008; costs regarding
infrastructure or infrastructure improvements
completed before these time limits may also
be considered as construction costs where:

(i) a Member State has established a tolling
system which provides for the recovery of
these costs by means of a contract with a
tolling system operator, or other legal acts
having equivalent effect, which enter into
force before 10 June 2008, or

(ii) a Member State can demonstrate that the
case for building the infrastructure in
question depended on its having a design
lifetime in excess of 30 years.

to be

the proportion of

the
In any event,
taken into
construction costs
account shall not exceed the proportion of
the current design lifetime period of infra-
structure
to run on
10 June 2008 or on the date when the
new tolling arrangements are introduced,
where this is a later date.

components

still

infrastructure or infrastructure
Costs of
improvements may include any specific
expenditure on infrastructure designed to
reduce nuisance related to noise or to
improve road safety and actual payments
made by the infrastructure operator corre-
sponding
environmental
objective
elements such as protection against soil
contamination;

to

(ab) “financing costs” means interest on borrowings
and/or return on any equity funding contributed
by shareholders;

(ac) “significant structural

repairs” means structural
repairs excluding those repairs no longer of any
current benefit to road users, e.g. where the repair
work has been replaced by further road resurfa-
cing or other construction work;’;

(c) point (b) shall be replaced by the following:

(b) ‘toll’ means a specified amount payable for a
vehicle travelling a given distance on the infrastruc-
tures referred to in Article 7(1); the amount shall
be based on the distance travelled and the type of
vehicle,

(d) the following point shall be inserted:

(ba) ‘“weighted average toll” means the total revenue
raised through tolls over a given period divided
by the number of vehicle kilometres travelled on
a given network subject to tolling during that
period, both the revenue and the vehicle kilo-
metres being calculated for the vehicles to which
tolls apply;’;

(e) points (c),
following:

(d),

(e) and (f) shall be replaced by the

(c)

‘“user charge” means a specified amount payment
of which confers the right for a vehicle to use for a
given period the infrastructures
referred to in
Article 7(1);

(d) “vehicle” means a motor vehicle or articulated
vehicle combination intended or used exclusively
for the carriage by road of goods and having a
maximum permissible laden weight of over 3,5
tonnes;

(e) vehicle of the “EURO 0”, “EURO I”, “EURO II”,
“EURO III”, “EURO IV”, “EURO V”, “EEV” category
means a vehicle that complies with the emission
limits set out in Annex 0;

(f)

“type of vehicle” means a category into which a
vehicle falls according to the number of its axles,
its dimensions or weight, or other vehicle classifi-
cation factors reflecting road damage, e.g. the road
damage classification system set out in Annex IV,
the classification system used is
provided that
based on vehicle
characteristics which either
appear in the vehicle documentation used in all
Member States or are visually apparent.’;

(f) the following points shall be added:

(g)

‘“concession contract” means a “public works
concession” or a “service concession” as defined in
Article 1 of Directive 2004/18/EC of the European
Parliament and of the Council of 31 March 2004
on the coordination of procedures for the award of
public works contracts, public supply contracts
and public service contracts (*);

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(h) “concession toll” means a toll levied by a concessio-

naire under a concession contract.’

(*) OJ L 134, 30.4.2004, p. 114. Directive as last
amended by Commission Regulation (EC) No 2083/
2005 (OJ L 333, 20.12.2005, p. 28).

3.
Tolls and user charges may not both be imposed
at the same time on any given category of vehicle for
the use of a single road section. However, Member
States may also impose tolls on networks where user
charges are levied for the use of bridges, tunnels and
mountain passes.

2. Article 7 is hereby amended as follows:

(a) paragraphs 1, 2, 3 and 4 shall be replaced by the

following:

1.
‘Member States may maintain or introduce tolls
and/or user charges on the trans-European road
network, or on parts of that network, only under the
conditions set out in paragraphs 2 to 12. This shall be
in
without prejudice to the right of Member States,
compliance with the Treaty, to apply tolls and/or user
charges on roads not included in the trans-European
road network,
inter alia on parallel roads to which
traffic may be diverted from the trans-European road
network and/or which are in direct competition with
certain parts of that network, or to other types of
motor vehicle not covered by the definition of
trans-European road network,
“vehicle”
tolls and/or user
provided that
charges on such roads does not discriminate against
international traffic and does not result in distortions
of competition between operators.

the imposition of

on the

1a. Where a Member State decides to maintain or
introduce tolls and/or user charges on only parts of the
trans-European road network, the resulting exemptions
for the other parts (for reasons such as their isolation
or low levels of congestion or pollution or where
essential for the introduction of a new tolling arrange-
ment) shall not result in any discrimination against
international traffic.

2.

(a) A Member State may choose to maintain or
introduce tolls and/or user charges applicable
only to vehicles having a maximum permissible
laden weight of not less than 12 tonnes. Where
a Member State chooses to apply tolls and/or
user charges to vehicles below this weight limit,
the provisions of this Directive shall apply.

(b) Tolls and/or user charges shall be applied to all

vehicles from 2012.

(c) A Member State may derogate from the require-
ment set out in point (b) where it considers that
the extension of tolling to vehicles of less than
12 tonnes would:

— create significant adverse effects on the free
flow of traffic, the environment, noise levels,
congestion or health, or

4.
Tolls and user charges may not discriminate,
directly or indirectly, on the grounds of nationality of
the haulier, the country or place of establishment of
the haulier or of registration of the vehicle, or the
origin or destination of the transport operation.’;

(b) the following paragraphs shall be inserted:

‘4a. Member States may provide for reduced toll
rates or user charges or exemptions from the obliga-
tion to pay tolls or user charges for vehicles exempted
to install and use recording
from the requirement
equipment under Council Regulation (EEC) No 3821/
85 of 20 December 1985 on recording equipment in
road transport (*), and in the cases covered by, and
subject to the conditions contained in, Article 6(2)(a)
and (b) of this Directive.

4b.
As charging structures involving discounts or
reductions in tolls for frequent users may lead to actual
savings in administrative costs for the infrastructure
operator, Member States may provide
such
discounts or reductions on condition that:

for

— they fulfil the conditions set out in paragraph 10(a),

— they comply with the Treaty,
cles 12, 49, 86 and 87 thereof,

in particular Arti-

— they do not distort competition in the internal

market,

— the resulting charging structure is linear, propor-
tionate, available to all users on equal terms and
does not lead to additional costs being passed on
to other users in the form of higher tolls.

Such discounts or reductions shall in no case exceed
13 % of the toll paid by equivalent vehicles not eligible
for the discount or reduction.

4c.
All discount and reduction schemes shall be
communicated to the Commission, which shall verify
compliance with
in
paragraphs 4a and 4b and shall approve them in
accordance with the procedure
to in
Article 9c(2).’

conditions

referred

out

the

set

— involve administrative costs which would be
revenue
than 30 % of additional

more
generated.

(*) OJ L 370, 31.12.1985, p. 8. Regulation as last
amended by Commission Regulation (EC) No 432/
2004 (OJ L 71, 10.3.2004, p. 3).

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(c) paragraph 6 shall be replaced by the following:

disadvantage.

‘The arrangements for the collection of tolls and/
6.
or user charges shall not,
financially or otherwise,
place non-regular users of the road network at an
unjustified
a
Member State collects tolls and/or user charges exclu-
sively by means of a system that requires the use of a
vehicle on-board unit,
it shall make available the
appropriate on-board units under reasonable adminis-
trative and economic arrangements.’;

In particular, where

(d) the second and third subparagraphs of paragraph 7

shall be deleted;

(e) paragraphs 9 and 10 shall be replaced by the

following:

9.
‘Tolls shall be based on the principle of the
recovery of infrastructure costs only. Specifically the
weighted average tolls shall be related to the construc-
tion costs and the costs of operating, maintaining and
developing the infrastructure network concerned. The
weighted average tolls may also include a return on
capital or profit margin based on market conditions.

10.

(a) Without prejudice to the weighted average
tolls referred to in paragraph 9, Member States
may vary the toll rates for purposes such as
combating environmental damage,
tackling
congestion, minimising infrastructure damage,
optimising
infrastructure
concerned or promoting road safety, provided
that such variation:

the use of

the

— is proportionate to the objective pursued;

— is

and

transparent

non-discriminatory
particularly regarding the nationality of the
haulier, the country or place of establish-
ment of the haulier or of registration of
the vehicle, and the origin or destination
of the transport operation;

— is not designed to generate additional
tolling revenue, any unintended increase in
revenue (leading to weighted average tolls
which are not in accordance with para-
graph 9) being counterbalanced through
changes to the structure of the variation
which must be implemented within two
years of the end of the accounting year in
which the additional revenue is generated;

— respects the maximum flexibility thresh-

olds set out in point (b).

(b) Subject to the conditions of point (a), toll rates

may be varied according to:

— EURO emission class as set out in Annex 0,
level of PM and NOx,

including the

provided that no toll is more than 100 %
above the toll charged for equivalent vehi-
cles meeting the strictest emission stan-
dards; and/or

— the time of day, type of day or season,

provided that:

(i) no toll is more than 100 % above the
toll charged during the cheapest period
of the day, type of day or season; or

(ii) where the cheapest period is zero-
rated, the penalty for the most expen-
sive time of day, type of day or season
is no more than 50 % of the level of
toll that would otherwise be applicable
to the vehicle in question.

Member States shall be required to vary
the rates at which tolls are charged in
conformity with the first indent no later
than 2010, or in the case of concession
contracts, when that concession contract is
renewed.

A Member State may nevertheless derogate
from this requirement if:

(i) this would seriously undermine the
coherence of the tolling systems in its
territory;

(ii) for the tolling system concerned,

it
would not be technically practicable
to introduce such differentiation; or

(iii) this would lead to diversion of

the
most polluting vehicles away from the
trans-European road network with
impacts on road safety
consequential
and public health.

Any such derogations shall be notified to
the Commission.

(c) Subject to the conditions of point (a), toll rates
may in exceptional cases for specific projects
of high European interest be subject to other
forms of variation in order
to secure the
commercial viability of such projects, when
they are exposed to direct competition with
for vehicles. The
transport
other modes of
resulting charging structure shall be linear,
proportionate, openly published, available to
all users on equal terms and shall not lead to
additional costs being passed on to other users
in the form of higher tolls. The Commission
shall verify compliance with the conditions of
this point prior to the implementation of the
charging structure in question.’;

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(f) the following paragraphs shall be added:

‘Without prejudice to Article 9(1) and (1a), in
11.
exceptional cases concerning infrastructure in mountai-
nous regions and after informing the Commission, a
mark-up may be added to the tolls of specific road
sections:

does not meet the conditions set out in this paragraph,
or if it considers that the planned mark-up will have
significant adverse effects on the economic develop-
it may reject or request
ment of peripheral regions,
modification of the plans for charges submitted by the
Member State concerned,
in accordance with the
procedure referred to in Article 9c(2).

(a) which are the subject of acute congestion affecting

the free movement of vehicles; or

(b) the use of which by vehicles is the cause of signifi-

cant environmental damage,

12. Where a driver is unable to produce the vehicle
documents necessary to ascertain the information
referred to in the first indent of paragraph 10(b), and
the type of vehicle in the event of a check, Member
States may apply tolls up to the highest level charge-
able.’;

on condition that:

— the revenue generated from the mark-up is invested
in priority projects of European interest identified
in Annex III to Decision No 884/2004/EC, which
contribute directly to the alleviation of the conges-
tion or environmental damage in question and
which are located in the same corridor as the road
section on which the mark-up is applied,

— the mark-up, which may be applied to tolls varied
in accordance with paragraph 10, does not exceed
15 % of the weighted average toll calculated in
accordance with paragraph 9 except where the
revenue generated is
invested in cross-border
sections of priority projects of European interest
involving infrastructure in mountainous regions, in
which case the mark-up may not exceed 25 %,

— the application of the mark-up does not result in
unfair treatment of commercial traffic compared to
other road users,

— financial plans for the infrastructure on which the
mark-up is applied and a cost/benefit analysis for
the new infrastructure project are submitted to the
Commission in advance of the mark-up's applica-
tion,

— the period for which the mark-up is to apply is
defined and limited in advance and is consistent in
terms of the expected revenue to be raised with the
financial plans and cost/benefit analysis submitted.

Application of
projects shall be subject
Member States concerned.

this provision to new cross-border
the

to the agreement of

When the Commission receives the financial plans
from a Member State intending to apply a mark-up, it
shall make this information available to the members
of the Committee referred to in Article 9c(1). Should
the Commission consider that the planned mark-up

3.

the following Article shall be inserted:

‘Article 7a

1.
In determining the levels of weighted average tolls to
be charged on the infrastructure network concerned or a
clearly defined part of such a network, Member States shall
take into account the various costs set out in Article 7(9).
The costs taken into account shall relate to the network or
part of the network on which tolls are levied and to the
vehicles that are subject to the tolling. Member States may
choose not to recover these costs through toll revenue or
to recover only a percentage of the costs.

Tolls shall be determined in accordance with Article 7

2.
and paragraph 1 of this Article.

3.
For new tolling arrangements other than those invol-
ving concession tolls put in place by Member States after
10 June 2008, Member States shall calculate costs using a
methodology based on the core calculation principles set
out in Annex III.

For new concession tolls put in place after 10 June 2008,
the maximum level of tolls shall be equivalent to, or less
than, the level that would have resulted from the use of a
methodology based on the core calculation principles set
out in Annex III. The assessment of such equivalence shall
be made on the basis of a reasonably long reference period
appropriate to the nature of a concession contract.

Tolling arrangements already in place on 10 June 2008 or
for which tenders or responses to invitations to negotiate
under
the negotiated procedure have been received
pursuant to a public procurement process before 10 June
2008 shall not be subject to the obligations set out in this
paragraph, for as long as these arrangements remain in
force and provided that they are not substantially modi-
fied.

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4. Member States shall communicate to the Commis-
sion at least four months before the implementation of a
new tolling arrangement:

(a) for tolling arrangements other than those involving

concession tolls:

7. Where a Member State wishes to apply the provi-
sions contained in Article 7(11)
tolling
arrangements already in place on 10 June 2008, it shall
provide information that demonstrates that the weighted
average toll being applied to the infrastructure concerned
complies with Articles 2(aa), 7(9) and 7(10).’;

in respect of

— the unit values and other parameters they use in

calculating the various cost elements, and

— clear information on the vehicles covered by their
tolling regime and the geographic extent of the
network, or part of the network, used for each cost
calculation and the percentage of costs that they
are seeking to recover;

4.

the following Article shall be inserted:

‘Article 7b

This Directive does not affect the freedom of Member
States which introduce a system of
tolls and/or user
charges for infrastructure to provide, without prejudice to
Articles 87 and 88 of the Treaty, appropriate compensa-
tion for these charges.’;

(b) for tolling arrangements involving concession tolls:

5. Article 8(2)(b) shall be replaced by the following:

— the concession contracts or significant changes to

such contracts,

— the base case on which the grantor has founded
the notice of concession, as referred to in Annex VII
B to Directive 2004/18/EC;
this base case shall
include the estimated costs as defined in Article 7(9)
envisaged under
the forecasted
the concession,
traffic divided into types of vehicle, the levels of
tolls envisaged and the geographic extent of the
network covered by the concession contract.

5. Member States shall also inform the Commission at
least
four months before their implementation of new
tolling arrangements applicable to parallel roads to which
traffic may be diverted from the trans-European road
network and/or which are in direct competition with
certain parts of that network on which tolls are levied.
This information shall include at least an explanation of
the geographic extent of the network covered by the toll,
the vehicles covered and the levels of
toll envisaged,
together with an explanation of how the level of toll was
determined.

For the cases subject to the obligations in paragraph 3
6.
the Commission shall, within four months of receiving the
information in accordance with paragraph 4, give an
opinion as to whether these obligations appear to have
been fulfilled.

For the tolling arrangements referred to in paragraph 5,
the Commission may also give an opinion, in particular
regarding the proportionality and the transparency of the
proposed arrangements and their likely impact on compe-
tition in the context of the internal market and the free
movement of goods.

The opinions of the Commission shall be made available
to the Committee referred to in Article 9c(1).

(b)

‘payment of the common user charge shall give access
to the network as defined by the participating Member
States in accordance with Article 7(1);’;

6.

the following Article shall be inserted:

‘Article 8a

Each Member State shall monitor the system of tolls and/
or user charges to ensure that it functions in a transparent
and non-discriminatory manner.’;

7. Article 9 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘This Directive shall not prevent the non-discri-

1.
minatory application by Member States of:

(a) specific taxes or charges:

— levied upon registration of the vehicle, or

— imposed on vehicles or
weights or dimensions;

loads of abnormal

(b) parking fees and specific urban traffic charges.

This Directive shall not prevent the non-discri-

1a.
minatory application by Member States of:

(a) regulatory charges specifically designed to combat

time and place-related traffic congestion;

(b) regulatory charges designed to combat environ-

mental impacts, including poor air quality

on any road, notably in urban areas,
including
trans-European road network roads crossing an urban
area.’;

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(b) paragraph 2 shall be replaced by the following:

‘Member States shall determine the use to be
2.
made of revenue from charges for the use of road
infrastructure. To enable the transport network to be
developed as a whole, revenue from charges should be
used to benefit the transport sector and optimise the
entire transport system.’;

8.

the following Articles shall be inserted:

‘Article 9a

Member States shall establish appropriate controls and
determine the system of penalties applicable to infringe-
ments of the national provisions adopted under this Direc-
tive. They shall take all necessary measures to ensure that
they are implemented. The penalties established shall be
effective, proportionate and dissuasive.

Article 9b

The Commission shall facilitate dialogue and the exchange
of technical know-how between Member States in relation
to the implementation of this Directive and in particular
Annex III. The Commission shall update and clarify
Annexes 0, III and IV in the light of technical progress and
Annexes I and II in the light of inflation, in accordance
with the procedure referred to in Article 9c(3).

Article 9c

1.

The Commission shall be assisted by a Committee.

2. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Article 5
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

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

4.

The Committee shall adopt its rules of procedure.’;

9. Article 11 shall be replaced by the following:

‘Article 11

No later than 10 June 2011, the Commission shall present
a report to the European Parliament and the Council on
the implementation and effects of this Directive, taking
account of developments in technology and the trend in
traffic density, including the use of vehicles of more than

3,5 and less than 12 tonnes, and evaluating its impact on
the internal market,
landlocked and
peripheral regions of the Community, levels of investment
in the sector and its contribution to the objectives of a
sustainable transport policy.

including on island,

Member States shall forward the necessary information for
the report to the Commission no later than 10 December
2010.

No later than 10 June 2008, the Commission shall present,
after examining all options including environment, noise,
congestion and health-related costs, a generally applicable,
transparent and comprehensible model for the assessment
of all external costs to serve as the basis for future calcula-
tions of infrastructure charges. This model shall be accom-
panied by an impact analysis of
the internalisation of
external costs for all modes of transport and a strategy for
a stepwise implementation of the model for all modes of
transport.

The report and the model shall be accompanied, if appro-
priate, by proposals to the European Parliament and the
Council for further revision of this Directive.’;

10. the table in Annex II indicating the amount of annual

charges shall be replaced by the following:

EURO 0

EURO I

EURO II

maximum three
axles

minimum four
axles

1 332

2 233

1 158

1 933

1 008

1 681

EURO III

876

1 461

EURO IV and less polluting

797

1 329

11. the last sentence of Annex II shall be replaced by the

following:

‘The daily user charge is equal for all vehicle categories and
amounts to EUR 11.’;

12. Annex 0, the text of which appears in Annex I to this

Directive, shall be inserted;

13. Annex III, the text of which appears in Annex II to this

Directive, shall be added;

14. Annex IV, the text of which appears in Annex III to this

Directive, shall be added.

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Article 2

Article 3

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 10 June 2008. They shall forthwith
inform the Commission thereof.

When Member States adopt such measures, they shall contain a
reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the provisions of domestic law which they adopt in the
field covered by this Directive, together with a table showing
how the provisions of this Directive correspond to the national
provisions adopted.

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

Article 4

This Directive is addressed to the Member States.

Done at Strasbourg, 17 May 2006.

For the European Parliament

For the Council

The President

J. BORRELL FONTELLES

The President

H. WINKLER

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ANNEX I

‘ANNEX 0

EMISSION LIMITS

1. “EURO 0” vehicle

Mass of carbon monoxide (CO) g/kWh

Mass of hydrocarbons (HC) g/
kWh

Mass of nitrogen oxides (NOx)
g/kWh

12,3

2,6

15,8

2. “EURO I”/“EURO II” vehicles

Mass of carbon
monoxide (CO) g/
kWh

Mass of
hydrocarbons (HC)
g/kWh

Mass of nitrogen
oxides (NOx) g/
kWh

Mass of
particulates (PT) g/
kWh

“EURO I” vehicle

“EURO II” vehicle

4,9

4,0

1,23

1,1

9,0

7,0

0,4 (1)

0,15

(1) A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85 kW or less.

3. “EURO III”/“EURO IV”/“EURO V”/“EEV” vehicles

The specific masses of carbon monoxide, total hydrocarbons, nitrogen oxides and particulates, determined by the
ESC test and the exhaust gas opacity, determined by the ELR test, must not exceed the following values (1):

Mass of carbon
monoxides
(CO) g/kWh

Mass of
hydrocarbons
(HC) g/kWh

Mass of
nitrogen oxides
(NOx) g/kWh

Mass of
particulates (PT)
g/kWh

Exhaust gas m-1

“EURO III” vehicle

“EURO IV” vehicle

“EURO V” vehicle

“EEV” vehicle

2,1

1,5

1,5

1,5

0,66

0,46

0,46

0,25

5,0

3,5

2,0

2,0

0,10 (2)

0,02

0,02

0,02

0,8

0,5

0,5

0,15

(1) A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine must

respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).

(2) 0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3 000 min-1.

4. Future emission classes of vehicles as defined in Directive 88/77/EEC and subsequent amendments may be consid-

ered.’

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ANNEX II

‘ANNEX III

CORE PRINCIPLES FOR THE ALLOCATION OF COSTS AND CALCULATION OF TOLLS

This Annex stipulates the core principles for the calculation of weighted average tolls to reflect Article 7(9). The obliga-
tion to relate tolls to costs shall be without prejudice to the freedom of Member States to choose, in accordance with
Article 7a(1), not to recover the costs in full through toll revenue, or to the freedom, in accordance with Article 7(10),
to vary the amounts of specific tolls away from the average (1).

The application of these principles shall be fully consistent with other existing obligations under Community law, in par-
ticular the requirement for concession contracts to be awarded in accordance with Directive 2004/18/EC and other
Community instruments in the field of public procurement.

Where a Member State engages in negotiations with one or more third parties with a view to establishing a concession
contract regarding the construction or operation of a part of its infrastructure, or in view of this purpose engages in a
similar arrangement based on national legislation or an agreement entered into by the government of a Member State,
compliance with these principles shall be judged on the basis of the outcome of these negotiations.

1. Definition of the network and of vehicles covered

— Where a single tolling regime is not to be applied to the whole TEN road network, a Member State shall specify
precisely the part or parts of the network which are to be subject to a tolling regime as well as the system its
uses to classify vehicles for the purposes of toll variation. Member States shall also specify whether they are
extending the scope of their tolling regime to cover vehicles below the 12-tonne threshold.

— Where a Member State chooses to adopt different policies regarding cost recovery for different parts of its
network (as permitted under Article 7a(1)), each clearly defined part of the network shall be subject to a sepa-
rate calculation of costs. A Member State may choose to split its network up into a number of clearly defined
parts so as to establish separate concession arrangements or similar for each part.

2.

Infrastructure costs

2.1. Investment costs

— Investment costs shall include the costs of construction (including financing costs) and the costs of developing
the infrastructure plus, where appropriate, a return on the capital investment or profit margin. Costs of land
acquisition, planning, design, supervision of construction contracts and project management, and of archaeolo-
gical and ground investigations, as well as other relevant incidental costs, shall also be included.

— The recovery of construction costs shall be based on either the design lifetime of the infrastructure or such
other amortisation period (not being less than 20 years) as may be considered appropriate for reasons of finan-
cing through a concession contract or otherwise. The length of the amortisation period may be a key variable
in negotiations regarding the establishment of concession contracts, particularly if the Member State concerned
wishes, as part of the contract, to set a ceiling regarding the weighted average toll applicable.

— Without prejudice to the calculation of investment costs, the recovery of costs may:

— be apportioned evenly over the amortisation period or weighted to the early, middle or later years, provided

that such weighting is carried out in a transparent manner,

— provide for indexation of tolls over the amortisation period.

— All historic costs shall be based on the amounts paid. Costs which are still to be incurred will be based on

reasonable cost forecasts.

(1) These provisions, together with the flexibility offered in the way costs are recovered over time (see the third indent of point 2.1), give
considerable margin to fix tolls at levels which are acceptable to users and adapted to the specific transport policy objectives of the
Member State.

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— Government investment may be assumed to be financed borrowings. The rate of interest to be applied to histor-

ical costs shall be the rates that applied to government borrowings over that period.

— Costs shall be apportioned to heavy goods vehicles (HGVs) on an objective and transparent basis taking account
of the proportion of HGV traffic to be carried on the network and the associated costs. The vehicle kilometres
travelled by HGVs may for this purpose be adjusted by objectively justified “equivalence factors” such as those
set out in point 4 (1).

— Provision for estimated return on capital or profit margin shall be reasonable in the light of market conditions
and may be varied for the purpose of providing performance incentives for a contracted third party with regard
to quality of service requirements. Return on capital may be evaluated using economic indicators such as IRR
(internal rate of return on investment) or WACC (weighted average cost of capital).

2.2. Annual maintenance costs and structural repair costs

— These costs shall include both the annual costs of maintaining the network and the periodic costs relating to
repair, reinforcement and resurfacing, with a view to ensuring that the level of operational functionality of the
network is maintained over time.

— Such costs shall be apportioned between HGV and other traffic on the basis of actual and forecast shares of
vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point
4.

3. Operating, management and tolling costs

These costs shall include all costs incurred by the infrastructure operator which are not covered under Section 2
and which relate to the implementation, operation and management of the infrastructure and of the tolling system.
They shall include in particular:

— the costs of constructing, establishing and maintaining toll booths and other payment systems,

— the day to day costs of operating, administering and enforcing the toll collection system,

— administrative fees and charges relating to concession contracts,

— management, administrative and service costs relating to the operation of the infrastructure.

The costs may include a return on capital or profit margin reflecting the degree of risk transferred.

Such costs shall be apportioned on a fair and transparent basis between all vehicle classes that are subject to the
tolling system.

4.

Share of goods traffic, equivalence factors and correction mechanism

— The calculation of tolls shall be based on actual or forecast HGV shares of vehicle kilometres adjusted, if
desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing
infrastructure for use by goods vehicles.

— The following table gives a set of indicative equivalence factors. Where a Member State uses equivalence factors
with ratios differing from those in the table, they shall be based on objectively justifiable criteria and shall be
made public.

(1) The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using

a long life cycle approach.

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Vehicle class (1)

Between 3,5 t and 7,5 t, Class 0

> 7,5 t, Class I

> 7,5 t, Class II

> 7,5 t, Class III

Equivalence factors

Structural repair (2)

Investments

Annual maintenance

1

1,96

3,47

5,72

1

1

1

1

1

1

1

1

(1) See Annex IV for the determination of the vehicle class.
(2) The vehicle classes correspond to axle weights of 5,5, 6,5, 7,5 and 8,5 tonnes respectively.

— Tolling regimes which are based on forecast traffic levels shall provide for a correction mechanism whereby

tolls are adjusted periodically to correct any under or over-recovery of costs due to forecasting errors.’

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ANNEX III

‘ANNEX IV

INDICATIVE VEHICLE CLASS DETERMINATION

The vehicle classes are defined by the table below.

Vehicles are classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending
order (Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially
with the increase in axle weight.

All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7,5 tonnes belong to
damage class 0.

Motor vehicles

Driving axles with air suspension or recognised
equivalent (1)

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross
laden weight (in tonnes)

Number of axles and maximum permissible gross
laden weight (in tonnes)

Not less than

Less than

Not less than

Less than

Two axles

Three axles

Four axles

7,5
12
13
14
15

15
17
19
21
23
25

23
25
27

29
31

12
13
14
15
18

17
19
21
23
25
26

25
27
29

31
32

7,5
12
13
14
15

15
17
19
21

23
25

23
25

27
29
31

12
13
14
15
18

17
19
21
23

25
26

25
27

29
31
32

I

II

I

II

(1) Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying
down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international
traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive as last amended by Direc-
tive 2002/7/EC of the European Parliament and of the Council (OJ L 67, 9.3.2002, p. 47).

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Vehicle combinations (articulated vehicles and road trains)

Driving axles with air suspension or recognised as
equivalent

Other driving axle suspension systems

Damage class

Number of axles and maximum permissible gross
laden weight (in tonnes)

Number of axles and maximum permissible gross
laden weight (in tonnes)

Not less than

Less than

Not less than

Less than

2 + 1 axles

7,5
12
14
16
18
20
22
23
25

2 + 2 axles

23
25
26
28

29

31

33
36

2 + 3 axles

36
38

3 + 2 axles

36
38

40

3 + 3 axles

36
38

40

12
14
16
18
20
22
23
25
28

25
26
28
29

31

33

36
38

38
40

38
40

44

38
40

44

7,5
12
14
16
18
20
22
23
25

23
25
26
28

29

31

33

36

38

36

38
40

36

38

40

12
14
16
18
20
22
23
25
28

25
26
28
29

31

33

36

38

40

38

40
44

38

40

44’

I

II

III

II

III

II

III

I

II