The charging of heavy goods vehicles for the use of certain infrastructures ***I European Parliament legislative resolution of 11 March 2009 on the proposal for a directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2008)0436 – C6-0276/2008 – 2008/0147(COD))#P6_TC1-COD(2008)0147 Position of the European Parliament adopted at first reading on 11 March 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures#ANNEX
Date: 2009-03-11
Institutions: Committee on Industry, Research and Energy, Committee on Transport and Tourism, European Parliament
Subjects: codecision procedure, commercial vehicle, common transport policy, drafting of EU law, resolution of parliament, toll, transport infrastructure, vehicle tax








CE2010087EN.01034501.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/345





Wednesday 11 March 2009The charging of heavy goods vehicles for the use of certain infrastructures ***I
P6_TA(2009)0113
European Parliament legislative resolution of 11 March 2009 on the proposal for a directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2008)0436 – C6-0276/2008 – 2008/0147(COD))
2010/C 87 E/61
(Codecision procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0436),
having regard to Article 251(2) and Article 71(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0276/2008),
having regard to Rule 51 of its Rules of Procedure,
having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A6-0066/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and Commission.






Wednesday 11 March 2009P6_TC1-COD(2008)0147
Position of the European Parliament adopted at first reading on 11 March 2009 with a view to the adoption of Directive 2009/…/EC of the European Parliament and of the Council 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 EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 71(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)


The promotion of sustainable transport is a key element of the common transport policy. To this end, the negative impacts of transport, in particular congestion, which impedes mobility, pollution, which creates health and environmental damage, and its contribution to climate change must be reduced. Moreover environmental protection requirements must be integrated into the definition and implementation of other Community policies, including the common transport policy. 
The following priority objectives, namely environmental protection, social and economic cohesion and EU competitiveness, should also be reconciled in a balanced way as part of the Lisbon Strategy for growth and employment.












(2)


The objective of reducing the negative impacts of transport should be achieved in such a way as to avoid disproportionate obstacles to the freedom of movement in the interest of sound economic growth and the proper functioning of the internal market. 
It should also be emphasised that the principle of internalising external costs is the equivalent of a management instrument and should therefore be used to encourage road users and the related industrial sectors to exploit and expand their respective capabilities in the area of environmentally-friendly transport, for example by means of changes in driving behaviour or further technological development. It is vital that ways and means should be found of reducing the damage caused by road transport, rather than simply using the resulting revenue to cover the relevant costs.












(3)


To optimise the transport system accordingly, the common transport policy must use a variety of instruments to improve the transport infrastructure and technologies and enable a more efficient management of transport demand. This calls for further recourse to the ‘user pays’ principle and the development of the ‘polluter pays’ principle in the transport sector.










(4)


Article 11 of Directive 1999/62/EC ║ (4) called on the Commission to present a model for the assessment of all external costs arising from use of the transport infrastructure to serve as the basis for future calculations of infrastructure charges. This model was to be accompanied 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 and, if appropriate, by proposals for further revision of that Directive.










(5)


In order to move towards a sustainable transport policy, transport prices should better reflect the 
external
 costs related to ▐ the ▐ use of vehicles, trains, planes or ships ▐. This calls for a 
coherent and ambitious
 approach in all transport modes, taking into account their particular characteristics.












(6)






Transport modes other than road transport have already started to internalise external costs and the relevant Community legislation either phases in such internalisation or at least does not prevent it. CO2 emissions should be tackled by including aviation in the Emissions Trading Scheme (ETS). The use of electricity for trains is also covered by the ETS and maritime transport is to be included in the ETS shortly. Other external costs can be internalised through airport charges, which can be differentiated for environmental purposes and through infrastructure charges for the use of railways pursuant to Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (5). Moreover, the Commission should propose a recast of the First Railway Package in the near future in order to introduce harmonised noise-related track access charging schemes.














(7)






According to Article 7 of Directive 2001/14/EC, which sets out the charging principles for the use of railway infrastructure, internalisation of external costs is already possible. However, in order to modulate track access charges more widely and have a complete internalisation of external costs in the railway sector, it is a precondition that the road transport sector also applies external cost charging.














(8)






In the road transport sector, several taxes and charges already apply, including taxes and charges to partially compensate for external costs such as CO2, as is for example the case with excise taxes on fuel.













(9)



In the road transport sector, tolls as distance based charges for the use of infrastructure constitute a fair and efficient economic instrument to achieve the objective of moving towards a sustainable transport policy, since they have a direct relationship with the use of infrastructure and can vary according to the distance travelled, the environmental performance of vehicles and the place and time of use of vehicles and therefore can be set at a level which reflects the cost of pollution and congestion caused by the actual use of vehicles. Moreover, tolls do not create any distortion of competition within the internal market since they are payable by all operators irrespective of their Member State of origin or establishment and in proportion to the intensity of use of the road network.











(10)



The impact analysis shows that applying tolls calculated on the basis of the cost of pollution, and, on congested roads, on the basis of the cost of congestion, 
can contribute to or result in more efficient and environmentally friendly road transport
 and contribute to the 
EU
 strategy to fight climate change. It would reduce congestion and local pollution by encouraging the use of cleaner vehicle technologies, optimising logistic behaviour and reducing empty returns. It would indirectly play an important role in reducing fuel consumption and contributing to the fight against climate change. Tolls which integrate a cost element related to congestion for using congested roads into their calculation 
can only be
 effective 
if they are part of an action plan which includes measures related to
 other road users outside the scope of this Directive
, such as
 similar 
charging schemes or measures with an equivalent effect, for example, traffic restrictions and high occupancy vehicle lanes. So far, however, it has been insufficiently demonstrated that such tolls have brought about substantial changes in modal split.













(11)



▐ The polluter pays principle will be implemented through ║ external cost charging and this will also contribute to the reduction of external costs.











(12)



The model devised by the Commission for calculating the ▐ external costs provides reliable methods and a range of unit values which can already serve as a basis for the calculation of road user charges.












(13)






Efforts should be made in the medium term to bring about convergence in the methods which all European charging systems use to calculate external costs in order to ensure that European road hauliers receive clear price signals, which act as an incentive to optimise their behaviour.













(14)



There are still uncertainties about the costs and benefits of the systems required to enforce differentiated user charges on roads with low traffic. Until such uncertainties are dealt with, a flexible approach at Community level appears most appropriate. This flexible approach should leave Member States to decide whether and on which roads to introduce external cost charges on the basis of the local and national characteristics of the network.











(15)



Time-based user charges and tolls should not be applied simultaneously within the territory of a Member State in order to avoid a fragmentation of the charging schemes with negative effects for the transport industry, except in certain specific cases where this is necessary to finance the construction of tunnels, bridges or mountain passes.











(16)



Time-based user charges levied on a daily, weekly, monthly or annual basis should not discriminate against occasional users, since a high proportion of such users are likely to be non-national hauliers. A more detailed ratio between daily, weekly, monthly and annual rates should therefore be fixed. 
For reasons of efficiency and fairness, time-based user charges should be considered as a transitional instrument for charging of infrastructure. A phasing out of time-based charging systems should therefore be taken into consideration. Member States with external borders with third countries should be allowed to derogate from this provision and to continue to apply time-based charging to heavy goods vehicles queuing at border-crossing points.













(17)



Inconsistent charging schemes should be avoided between the trans-European network and other parts of the road network which may be used by international traffic. The same charging principles should therefore be applied to the entire interurban road network.











(18)



Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic-based air and noise pollution. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.











(19)



To better reflect the cost of traffic-based air and noise pollution, and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and the night period.











(20)



The smooth functioning of the internal market requires a Community framework in order to ensure that road charges set on the basis of the local cost of traffic-based air and noise pollution and congestion are transparent, proportionate and non-discriminatory. This requires common charging principles, calculation methods and unit values of external costs based on acknowledged scientific methods together with mechanisms for notifying and reporting tolling schemes to the Commission.











(21)



The authority which sets the external cost charge should also have no vested interest in setting the amount at an undue level and should therefore be independent from the body which collects and manages toll revenue. Experience has shown that adding a mark-up to tolls in mountainous areas in order to finance priority projects of the trans-European network is not a practicable option 
where the definition of a corridor does not correspond to the actual traffic flow
. To remedy this situation, 
the corridor on which
 a mark-up 
could
 be allowed 
should, in particular, cover road sections for which the introduction of a mark-up would result in a traffic diversion towards the priority project concerned
.











(22)



In order to give precedence to the construction of priority projects of European interest, Member States which have the possibility of applying a mark-up should use this option before levying an external cost charge. To avoid an undue charging of users, an external cost charge should not be combined with a mark-up unless the external costs exceed the amount of the mark-up already levied. In such a case, it is thus appropriate that the amount of the mark-up should be deducted from the external cost charge.











(23)



Where differentiated external cost charges are levied, a variation in the infrastructure charge for the purpose of reducing congestion, optimising the use of the infrastructure, minimising infrastructure damage or promoting road safety would represent an undue burden on certain categories of users and should accordingly be precluded.











(24)



Discounts or reductions of the external cost charge should not be permitted as there would be a significant risk that they would unduly discriminate against certain categories of users.











(25)



Charging external costs through tolls will be more effective in influencing transport decisions if users are aware of these costs. They should accordingly be identified separately on a 
comprehensible
 statement, a bill or an equivalent document from the toll operator. Furthermore, such a document may make it easier for hauliers to pass on the cost of the external cost charge to the shipper or any other clients.











(26)



The use of electronic tolling systems is essential to avoid disruption to the free flow of traffic and to prevent adverse effects on the local environment caused by queues at toll barriers. It is therefore appropriate to ensure that the 
infrastructure and
 external cost 
charges are
 collected by means of such a system, subject to compliance with the requirements of 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 (6) that foresees appropriate and proportionate measures to ensure that technical, legal, commercial and data protection and privacy concerns are properly addressed in the implementation of electronic tolling. Furthermore such systems should be designed without roadside barriers and in a way which allows subsequent extension to any parallel roads at low cost. Provision should however be made for a transitional period in order to permit the necessary adaptations to take place.












(27)






It is important that the objective of this Directive should be attained in a way which does not harm the proper functioning of the internal market. Moreover, it is important to avoid heavy goods vehicle drivers in future being saddled with ever more incompatible and expensive electronic equipment in their cabs and running the risk of making errors in its use. A proliferation of technologies is unacceptable. The interoperability of the toll systems in the Community, as provided for in Directive 2004/52/EC, should therefore be achieved as quickly as possible. Efforts should be made to limit the number of devices in the vehicle to one, which makes it possible to apply the various rates which are in force in the various Member States.














(28)






The Commission should take all necessary measures to ensure the rapid introduction of a truly interoperable system by the end of 2010, in accordance with Directive 2004/52/EC.













(29)



For reasons of legal clarity, it should be specified where regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality are permitted.












(30)






Member States should be able to use the Trans-European Transport Network (TEN-T) budget and the Structural Funds in order to improve transport infrastructures with a view to reducing the external costs of transport in general and implementing electronic means of collecting the charges arising from the provisions of this Directive.













(31)



In accordance with the transport policy objectives of this Directive, the additional revenue generated from an external cost charge should be used 
as a matter of priority to reduce and eliminate the external costs of road transport where possible. It may also be used
 to promote sustainable mobility at large. Such projects should therefore relate to facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of 
road
 vehicles, and 
improving existing road infrastructure or
 developing alternative infrastructure for transport users. It includes, for example, research and development on cleaner vehicles and the implementation of the transport part of the action plans under Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (7) and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (8), which may comprise measures to mitigate traffic-based noise and air pollution around large infrastructure and in agglomerations. Earmarking this revenue does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify the Commission of certain national measures, nor does it prejudge the outcome of any procedures initiated under Articles 87 and 88 of the Treaty.











(32)



In order to promote interoperability of tolling arrangements, 
cooperation between
 Member States ▐ in introducing a common system of tolls 
should be encouraged
, subject to compliance with certain conditions. 
The Commission should support Member States which wish to cooperate in order to introduce a common system of tolls on their combined territories.













(33)



A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including 
progress
 in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (9), including of the fuel used by heavy goods vehicles. 
A comprehensive assessment of internalisation of external costs in all other transport modes should also be drawn up, to serve as a basis for further legislative proposals in this area. This should ensure the introduction of a fair and competitive system of internalisation of external costs that avoids any distortions of the internal market in all transport modes.













(34)



Article 55(2) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund ║ (10) provides that the revenue generated by charges borne directly by users must be considered in the determination of the funding-gap in the case of a revenue-generating project. However, since the revenue generated by an external cost charge is earmarked for projects aimed at reducing road transport pollution at the source, mitigating its effects, improving CO2 and energy performance of vehicles, and 
improving existing road infrastructure or
 developing alternative infrastructure for transport users, it should not be considered in the calculation of the funding-gap.











(35)



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 (11).











(36)



In particular, the Commission should be empowered to adapt Annexes 0, III, IIIa and IV to technical and scientific progress, and 
Annexes I, II and IIIa
 to inflation. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/62/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.











(37)



Since the objective of this Directive, namely to encourage differentiated charging based on external costs as a means towards sustainable transport, cannot be sufficiently achieved by the Member States alone, and can therefore, by reason of the importance of the cross-border dimension of transport, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective,




HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/62/EC is amended as follows:






(1)


In Article 2, points (b) and (ba) are replaced by the following:






‘(b)


“toll” means a specified amount payable for a vehicle based on the distance travelled on a given infrastructure and comprising an infrastructure charge and/or an external cost charge;










(ba)


“infrastructure charge” means a charge levied through a toll for the purpose of recovering the costs 
related to infrastructure
 incurred by a Member State 
or more than one Member State if the infrastructure project has been jointly undertaken
;










(bb)


“external cost charge” means a charge levied through a toll for the purpose of recovering the costs incurred by a Member State related to traffic-based air pollution 
and
 traffic-based noise pollution ▐;










(bc)


“cost of traffic-based air pollution” means the cost of the damage caused by the release of certain harmful air emissions in the course of the operation of a vehicle;










(bd)


“cost of traffic-based noise pollution” means the cost of the damage caused by the noise emitted by a vehicle or created by the interaction of a vehicle and the road surface;
▐











(be)



“weighted average infrastructure charge” means the total revenue of an infrastructure charge over a given period divided by the number of vehicle kilometres travelled on the road sections subject to the charge during that period;











(bf)



“weighted average external cost charge” means the total revenue of an external cost charge over a given period divided by the number of vehicle kilometres travelled on the road sections subject to the charge during that period;’.














(2)


Articles 7, 7a and 7b are replaced by the following:
‘Article 7

1.   Member States may maintain or introduce tolls and/or user charges on 
the trans-European road network or on any section of
 their road network 
which customarily carries a significant volume of international transport of goods
 under the conditions laid down in paragraphs 2, 3 and 4 of this Article and in Articles 7a to 7j.
2.   Member States shall not impose within their territory both tolls and user charges ▐. However, a Member State which imposes a user charge on its network may also impose tolls for the use of bridges, tunnels and mountain passes.
3.   Tolls and user charges shall not discriminate, directly or indirectly, on the grounds of the nationality of the haulier, the Member State or the third country of establishment of the haulier or of registration of the vehicle, or the origin or destination of the transport operation.
4.   Member States may provide for reduced toll rates or user charges or exemptions from the obligation to pay tolls or user charges for vehicles exempted from the requirement to install and use recording equipment under Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport
 (12), and in cases covered by, and subject to the conditions contained in, Article 6(2)(a) and (b) of this Directive.
5.   Until 31 December 2011, a Member State may choose to apply tolls and/or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes. From 1 January 2012, tolls and/or user charges shall be applied to all vehicles within the meaning of Article 2(d) unless a Member State considers that an extension to vehicles of less than 12 tonnes would (13):
▐

Article 7a

1.   User charges shall be in proportion to the duration of the use made of the infrastructure and shall be available for the duration of a day, week, month and a year. In particular, the 
monthly rate
 shall be no 
more than 10 % of the annual rate, the weekly rate
 shall be no 
more than 5 % of the annual rate
, and 
the daily rate
 shall be no 
more than 2 % of the annual rate.


▐
2.   User charges, including administrative costs, for all vehicle categories shall be set by the Member State concerned at a level which is no higher than the maximum rates laid down in Annex II.

Article 7b

1.   The infrastructure charge shall be based on the principle of the recovery of infrastructure costs. The weighted average infrastructure charge shall be related to the construction costs and the costs of operating, maintaining, ▐ developing 
and ensuring safety standards on
 the infrastructure network concerned. The weighted average infrastructure charge may also include a return on capital or a profit margin based on market conditions.
2.   The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.
3.   The costs taken into account shall relate to the network or a part of the network on which tolls are levied and to the vehicles that are subject thereto. Member States may choose to recover only a percentage of these costs.

Article 7c

1.   The external cost charge shall vary according to the type of road and EURO emission class 
(Annex IIIa, Table 1)
, and also according to the time period in cases where the charge includes the cost of congestion or traffic-based noise pollution.
2.   The amount of the external cost charge for each combination of class of vehicle, type of road and time period shall be set in accordance with the minimum requirements, the common formulae and the maximum chargeable external costs in Annex IIIa.


3.
   
The external cost charge shall not apply to vehicles which comply with future EURO emissions standards in advance of the dates of applicability laid down in the relevant rules.



4.   The amount of the external cost charge shall be set by 
each
 Member State
. If a Member State designates an authority for this task, that
 authority shall be legally and financially independent from the 
body
 in charge of managing 
and
 collecting 
all or part
 of the charge. ▐

Article 7d

1.   Member States shall calculate the infrastructure charge using a methodology based on the core calculation principles set out in Annex III.
2.   For concession tolls, the maximum level of the infrastructure charge 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 that concession contract.
3.   Tolling arrangements which were already in place on 10 June 2008 or for which tenders or responses to invitations to negotiate under the negotiated procedure were received pursuant to a public procurement process before 10 June 2008 shall not be subject to the obligations set out in paragraphs 1 and 2 for as long as these arrangements remain in force and provided that they are not substantially amended.

Article 7e

1.   In exceptional cases concerning infrastructure in mountainous regions 
and conurbations
, and after informing the Commission, a 
toll
 mark-up may be added to the infrastructure charge levied on specific road sections which are subject to acute congestion, or the use of which by vehicles is the cause of significant environmental damage, on condition that:






(a)


the revenue generated from the mark-up is invested in financing ▐ projects 
designed to promote sustainable mobility and
 contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark-up is applied;










(b)


the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7d except where the revenue generated is invested in cross-border sections of ▐ projects 
designed to promote sustainable mobility
 involving infrastructure in mountainous regions, in which case the mark-up may not exceed 25 %;










(c)


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










(d)


a description of the exact location of the mark-up and proof of a decision to finance the 
projects
 referred to in point (a) are submitted to the Commission in advance of the application of the mark-up; and










(e)


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 for the projects co-financed with the revenue from the mark-up.




The first subparagraph shall apply to new cross-border projects subject to the agreement of all Member States involved in that project.
2.   After informing the Commission, a mark-up may also be applied to a road section which constitutes an alternative route to that covered by the mark-up referred to in paragraph 1, if:






—


the application of a mark-up on a road would result in a significant share of traffic being diverted to this alternative route; and










—


the conditions set out in points (a) to (e) of the first subparagraph of paragraph 1 are complied with.




3.   A mark-up may be applied to an infrastructure charge which has been varied in accordance with Article 7f.
4.   When the Commission receives the required information 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. If the Commission considers that the planned mark-up does not meet the conditions set out in paragraph 1, or if it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may reject or request amendment of the plans for charges submitted by the Member State concerned, in accordance with the consultation procedure referred to in Article 9c(2).
5.   On road sections where the criteria for applying a mark-up pursuant to paragraph 1 are met, the Member States may not levy an external cost charge unless a mark-up is applied.
▐

Article 7f

1.   Toll rates which comprise only an infrastructure charge shall be varied according to the EURO emission class 
(Annex IIIa, Table 1)
 in such a way that no toll is more than 100 % above the toll charged for equivalent vehicles meeting the strictest emission standards.
2.   Where a driver is unable to produce the vehicle documents necessary to ascertain the EURO emission class of the vehicle in the event of a check, Member States may apply tolls up to the highest level chargeable, 
provided that there is a possibility of subsequent rectification to return any excess collected.


3.   Tolls which comprise only an infrastructure charge may also be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, on condition that:






(a)


the variation is transparent, openly published and available to all users on equal terms;










(b)


the variation is applied according to the time of day, type of day or season; and










(c)


no toll is more than 
500 %
 above the toll charged during the cheapest period of the day, type of day or season.




4.   The variations referred to in paragraphs 1 and 3 are not designed to generate additional toll revenue. Any unintended increase in revenue shall be counterbalanced by changes to the structure of the variation which must be implemented within two years from the end of the accounting year in which the additional revenue is generated.
5.   If a toll includes an external cost charge, paragraphs 1 and 3 shall not be applied to the part of the toll consisting of an infrastructure charge.

Article 7g

1.   At least six months before the implementation of a new infrastructure charge tolling arrangement, Member States shall send to the Commission:






(a)


for tolling arrangements other than those involving concession tolls:






—


the unit values and other parameters used in calculating the various infrastructure cost elements, and










—


clear information on the vehicles covered by the tolling arrangements, the geographic extent of the network, or part of the network, used for each cost calculation, and the percentage of costs that are intended to be recovered;














(b)


for tolling arrangements involving concession tolls:






—


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 7b(1) envisaged under the concession, the forecast traffic, broken down by type of vehicle, the levels of toll envisaged and the geographic extent of the network covered by the concession contract.








2.   The Commission shall, within six months of receiving all the necessary information in accordance with paragraph 1, give an opinion as to whether the obligations of Article 7d are complied with. The opinions of the Commission shall be made available to the Committee referred to in Article 9c 
and to the European Parliament.


3.   At least six months before the implementation of a new external cost charge tolling arrangement, Member States shall send the Commission:






(a)


precise information indicating the road sections where the external cost charge is to be levied and describing the class of vehicles, type of roads and the exact time periods according to which the external cost charge will vary;










(b)


the envisaged weighted average external cost charge and the envisaged total revenue;










(c)


the name of the authority designated in accordance with Article 7c(4) to set the amount of the charge, and of its representative; and










(d)


the parameters, data and information necessary to demonstrate how the calculation method set out in Annex IIIa will be applied;












(e)






the envisaged earmarking of the external cost charge;














(f)






a specific plan indicating how additional revenue from external cost charges is to be used to reduce the negative impacts of transport.






4.   The Commission may, within six months of receiving the information in accordance with paragraph 3, decide to ask the Member State concerned to adapt the proposed external cost charge, if it considers that the obligations laid down in Articles 7b, 7c, 7i or 9(2) are not complied with. The decision of the Commission shall be made available to the Committee referred to in Article 9c 
and to the European Parliament.



Article 7h

1.   Member States shall not provide for discounts or reductions for any users in relation to the external cost charge element of a toll.
2.   Member States may provide for discounts or reductions to the infrastructure charge on condition that:






(a)


the resulting charging structure is proportionate, openly published and 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; and










(b)


such discounts or reductions lead to actual savings in administrative costs and do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction.




3.   Subject to the conditions provided for in Article 7f(3)(b) and in Article 7f(4), toll rates may, in exceptional cases, namely specific projects of high European interest 
in the field of freight transport
, be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of vehicle transport. The resulting charging structure shall be linear, proportionate, openly published, and 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 these conditions prior to the implementation of the charging structure in question.

Article 7i

1.   Tolls and user charges shall be applied and collected and their payment monitored in such a way as to cause as little hindrance as possible to the free flow of traffic and to avoid any mandatory controls or checks at the Community’s internal borders. To this end, Member States shall cooperate in establishing methods for enabling hauliers to pay user charges 24 hours a day, at least at the major sales outlets, using all common means of payment, inside and outside the Member States in which they are applied. Member States shall provide adequate facilities at the points of payment for tolls and user charges so as to maintain normal road safety standards.
2.   The arrangements for collecting tolls and user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage 
compared to those who use alternative forms of payment
. In particular, where a Member State collects tolls or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall ensure that appropriate on-board units compliant with the requirements of Directive 2004/52/EC of the European Parliament and of the Council
 (14) can be obtained by all users under reasonable administrative and economic arrangements.
3.   If a Member State levies 
a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge and the amount of the
 external cost charge ▐ shall be indicated in a document provided to the haulier
, if possible by electronic means.


4.   An external cost charge shall be levied and collected by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC. 
Member States shall also cooperate to ensure that they use interoperable electronic systems which can be used on one another's territory, with the provision that, if necessary, the rates can be adjusted.




5.
   
As soon as the operability of toll collecting services based on the Galileo satellite positioning system is technically worked out, external cost charges shall be levied and collected
by an interoperable European electronic toll collecting system as specified in Directive 2004/52/EC.



Article 7j

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 compensation for these charges
, even where the resulting amounts collected fall below the minimum rates set out in Annex I.












(3)


In chapter III, the following article ║ is inserted:
‘Article 8b

1.   Two or more Member States may cooperate in introducing a common system for tolls applicable to their combined territories as a whole. In such a case, those Member States shall ensure that the Commission is closely involved in such cooperation and in the system’s subsequent operation and possible amendment.
2.   The common toll system shall be subject to the conditions set out in Articles 7 to 7j and shall be open to other Member States.’










(4)


In Article 9, paragraphs 1a and 2 are replaced by the following:
‘1a.   This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any ▐ road
, notably in urban areas, including trans-European road network roads crossing an urban area
.
2.   A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked 
as a priority to reduce and where possible eliminate the external costs arising from road transport. The revenue may also be used
 for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of 
road transport
 vehicles, and developing 
and improving existing road infrastructure or developing
 alternative infrastructure for transport users.
A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges 
shall
 be used 
mainly
 to benefit the 
road
 transport sector and optimise the 
road
 transport system.


As from 2011, at least 15 % of the revenues generated by the external cost charge and infrastructure charge in each Member State shall be dedicated to financially supporting TEN-T projects in order to increase transport sustainability. This percentage shall gradually increase over time.
’










(5)


Articles 9b and 9c are replaced by the following:
‘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 the Annexes. The Commission shall adapt Annexes 0, III, IIIa and IV in the light of scientific and technical progress and 
Annexes I, II and IIIa
 in the light of inflation. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny 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 Council Decision 1999/468/EC (15) shall apply, having regard to the provisions of Article 8 thereof.
3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.










(6)


Article 11 is replaced by the following:
‘Article 11

1.   By 31 December 2012 at the latest, and every four years thereafter, Member States which levy an external cost charge and/or an infrastructure charge shall draw up a report on tolls levied on their territory and shall forward it to the Commission. The report shall comprise information on:






(a)


the weighted average external cost charge and the specific amounts levied for each combination of class of vehicle, type of road and period of time;










(b)


the total revenue raised through the external cost charge, and information on the use of that revenue; ║












(c)






the effect of the external cost charge or infrastructure charge on modal shift, on the optimisation of road transport and on the environment, and the effect of the external cost charge on the external costs which the Member State is seeking to cover by means of the charge; and













(d)



the weighted average infrastructure cost charge and total revenue raised through the infrastructure charge.






2.
   
By 31 December 2010 at the latest, the Commission shall present a report to the European Parliament and the Council on the availability of safe and secured parking places on the trans-European road network.




After consulting the relevant social partners, this report shall be accompanied by proposals on:










(a)






earmarking of infrastructure charge for a sufficient number of safe and secured parking areas on the trans-European road network to be complied with by infrastructure operators or by public authorities responsible for the trans-European road network;














(b)






guidelines for the European Investment Bank, the Cohesion Fund and the Structural Funds for due consideration of safe and secure parking areas within the design and co-financing of trans-European road network projects.







3.   By31 December 2013at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion and traffic-based pollution and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:






(a)


the relevance of integrating other external costs in the calculation of tolls, especially the cost of CO2
 emissions should the definition of a common fuel tax element related to climate change have not yielded satisfactory results, the cost of accidents and the cost of biodiversity loss;










(b)


the relevance of extending the scope of this Directive to other categories of vehicles;










(c)


the possibility of adopting a revised classification of vehicles for the purposes of varying tolls taking into account the average impact on the environment, congestion and infrastructure, their CO2 and energy performance, and the practical and economic feasibility of levying and enforcing tolls; ║










(d)


the technical and economic feasibility of introducing on the main inter-urban roads minimum distance-based charges. The report shall identify the possible types of road sections to be charged, the possible ways of levying and enforcing in a cost-effective way such charges and a common simple method to set the minimum rates;












(e)






the technical and economic feasibility of gradually abolishing time-based charging systems and introducing distance-based systems and the need to maintain a derogation for Member States with external borders with third countries to continue to apply time-based charging systems to heavy goods vehicles queuing at border-crossing points; and














(f)






the need for a proposal for a scheme to ensure the consistent and simultaneous internalisation of external costs for all other modes of transport.








The report shall be accompanied by an assessment of the progress of the internalisation of external costs for all modes of transport and by a proposal to the European Parliament and the Council for further revision of this Directive.
’










(7)


Annex III is amended as follows:






(a)


the first paragraph is replaced by the following:
‘This Annex stipulates the core principles for the calculation of weighted average infrastructure charge to reflect Article 7b(1). The obligation to relate tolls to costs shall be without prejudice to the freedom of Member States to choose, in accordance with Article 7b(3), not to recover the costs in full through toll revenue, or to the freedom, in accordance with Article 7f, to vary the amounts of specific tolls away from the average (16).










(b)


in point (1), second indent, the words ’Article 7a(1)” are replaced by the words ‘Article 7b(3)’.














(8)


After Annex III, the text set out in the Annex to this Directive is inserted as Annex IIIa.





Article 2

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 december 2010 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this directive.

Article 3

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 ║,

For the European Parliament
The President


For the Council
The President




(1)  OJ […], […], p. […].

(2)  OJ […], […], p. […].

(3)  Position of the European Parliament of 11 March 2009.


(4)  OJ L 187, 20.7.1999, p. 42. ║

(5)  

OJ L 75, 15.3.2001, p. 29.



(6)  OJ L 166, 30.4.2004, p. 124. ║

(7)  OJ L 296, 21.11.1996, p. 55. ║

(8)  OJ L 189, 18.7.2002, p. 12.

(9)  OJ L 283, 31.10.2003, p. 51. ║

(10)  OJ L 210, 31.7.2006, p. 25. ║

(11)  OJ L 184, 17.7.1999, p. 23. ║

(12)  OJ L 370, 31.12.1985, p. 8.

(13)  
To be completed at a later stage in the legislative procedure.



(14)  
OJ L 166, 30.4.2004, P. 124.’.

(15)  
OJ L 184, 17.7.1999, p. 23.’

(16)  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.’

Wednesday 11 March 2009ANNEX


Wednesday 11 March 2009‘ANNEX IIIa
MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL COST CHARGE AND MAXIMUM CHARGEABLE EXTERNAL COST ELEMENTS
This Annex sets out the minimum requirements for levying an external cost charge and the maximum authorised cost elements to be included when setting the amount.
1.   The parts of the network concerned
The Member State shall specify precisely the part or parts of network which are to be subject to an external cost charge.


A
 Member State 
may choose
 to levy an external cost charge on only a part or parts of the network 
on the basis of objective criteria
.
▐
2.   The vehicles, roads and time period covered
The Member State shall notify the Commission of the classification of vehicles according to which the toll shall vary. It shall also notify the Commission of the location of roads subject to higher external cost charges (hereafter “suburban roads”) and of roads subject to lower external cost charges (hereafter “other interurban roads”).
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period and to the various daily, weekly or seasonal peak periods during which a higher external cost charge may be imposed to reflect greater congestion or greater noise annoyance.
The classification of roads and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to congestion and pollution such as population density, the yearly number of pollution peaks measured in accordance with Directive 96/62/EC, the average daily and hourly traffic and the level of service (percentage of the day or the year when road usage is close to or above capacity, average delays and/or queues lengths). The criteria used shall be included in the notification.
3.   Amount of the charge
For each vehicle 
EURO emission class
, type of road and time period, the independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, openly published and available to all users on equal terms.
When setting the charges, the independent authority shall be guided by the principle of efficient pricing that is a price close to the social marginal cost of the usage of the vehicle charged. The charge shall be set as close as possible to the external costs which can be allocated to the category of road users concerned.
The charge shall also be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and solutions to mitigate these risks.
The independent authority shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport and in relieving congestion where it is applied. It shall regularly adjust the charging structure and the specific amount of the charge set for a given 
EURO emission class
 of vehicle, type of road and period of time to the changes in transport demand.
4.   External cost elements
4.1.   Cost of traffic-based air pollution
When a Member State chooses to include all or part the cost of traffic-based air pollution in the external cost charge, the independent authority shall calculate the chargeable cost of traffic–based air pollution by applying the following formula or by taking the unit values in Table 1 if the latter are lower:
PCVij = Σk EFik × PCjk where:






 


PCVij air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre)










 


EFik emission factor of pollutant k and vehicle class i (gram/kilometre)










 


PCjk monetary cost of pollutant k for type of road j (euro/gram)




Only the emissions of particulate matter and of ozone precursors such as nitrogen oxide and volatic organic compounds will be taken into consideration. The emission factors shall be the same as those used by the Member State to draft the national emissions inventories provided for in Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants
 (1) (which requires use of the EMEP/CORINAIR Emission Inventory Guidebook) (2). The monetary cost of pollutants shall be taken from Table 13 of the ”Handbook on estimation of external cost in the transport sector” ║.
Table 1:   
Maximum chargeable air
 pollution cost of 
any
 vehicle 
in a given class









Euro cent/vehicle.kilometre




Roads subject to higher external cost charges/
Suburban roads 
and motorways






Roads subject to lower external cost charges/
Interurban roads 
and motorways






EURO 0


16




12






EURO I


11


8




EURO II


9




7






EURO III


7


6




EURO IV


4




3






EURO V ▐


3


2






EURO VI






2






1








Less polluting than EURO VI, for example hybrid and electric heavy goods vehicles or vehicles running on a natural gas/hydrogen mixtures or hydrogen power supply






0






0






Values in euro cents, 2000




The values in Table 1 represent arithmetic averages of the values given in Table 15 of the “Handbook on estimation of external cost in the transport sector” ║ for vehicles belonging to four different weight classes. Member States may apply a correction factor to the values in Table 1 to reflect the actual fleet composition in terms of vehicle size. The values of Table 1 may be multiplied by a factor of up to 2 in mountain areas to the extent that it is justified by the gradient of roads, altitude and/or temperature inversions.
The independent authority may adopt alternatives methods using data from air pollutant measurement and the local value of the monetary cost of air pollutants, provided that the results do not exceed the results which would have been obtained with the above formulae or the above unit values for any class of vehicles.
All parameters, data and other information necessary to understand how the chargeable air pollution cost is calculated shall be made public.
4.2.   Cost of traffic-based noise pollution
When a Member State chooses to include all or part of the cost of traffic-based noise pollution in the external cost charge, the independent authority shall calculate the chargeable cost of traffic –based noise pollution by applying the following formulae or by taking the unit values in Table 2 if the latter are lower:
NCVij (day) = Σk NCjk × POPk / ADT
NCVij (night) = n × NCVij (day) where






 


NCVij noise cost of vehicle class i on road type j (euro/vehicle.kilometre)










 


NCjk noise cost per person exposed on road type j to noise level k (euro/person)










 


POPk population exposed to daily noise level k per kilometre (person/kilometre)










 


ADT average daily traffic (vehicle)










 


n night correction factor




The population exposed to noise level k shall be taken from the strategic noise maps drafted under Article 7 of Directive 2002/49/EC of the European Parliament and of the Council of 25 june 2002 relating to the assessment and management of environmental noise (3).
The cost per person exposed to noise level k shall be taken from Table 20 of the “Handbook on estimation of external cost in the transport sector” ║.
The average daily traffic shall assume a weighting factor of no more than 4 between heavy goods vehicles and passenger cars.
Table 2:   Chargeable noise cost of vehicles (NCV)







Euro cent/vehicle.kilometre


Day


Night




Suburban roads


1,1


2




Other interurban roads


0,13


0,23




Values in euro cents, 2000
Source: Handbook on estimation of external cost in the transport sector, table 22 ║




The values of Table 2 may be multiplied by a factor of up to 5 in mountain areas to the extent that it is justified by the gradient of roads, temperature inversions and/or amphitheatre effect of valleys.
All parameters, data and other information necessary to understand how the chargeable noise cost is calculated shall be made public.


▐


(1)  
OJ L 309, 27.11.2001, p. 22.


(2)  Methodology of the European Environmental Agency ║.

(3)  
OJ L 189, 18.7.2002, p. 12.’