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 - Montesquieu Instituut

 

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COUNCIL OFBrussels, 28 October 2008

THE EUROPEAN UNIONPUBLIC

14724/08

LIMITE

Interinstitutional File:

2008/452 (COD)

TRANS 342 FISC 141 ENV 723 CODEC 1418

NOTE

from:

Council General Secretariat

to: Delegations

n° prev. doc. : 14155/08 TRANS 325 FISC 128 ENV 667 CODEC 1308

n° Cion prop.: 11857/08 TRANS 249 FISC 95 ENV 456 CODEC 973 REV 1

Subject: 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

Delegations will find in Annex a new Presidency text for a draft Directive on the above-mentioned

ANNEX

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

(Text with EEA relevance)

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 Commission1,

Having regard to the Opinion of the Economic and Social Committee2,

Having regard to the Opinion of the Committee of the Regions3,

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

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,

(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.

(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 of the European Parliament and of the Council4 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 costs related to traffic-based air pollution, traffic-based noise pollution, climate change

and congestion caused by the actual use of vehicles, trains, planes or ships as a means of

optimising the use of infrastructure, reducing local pollution, managing congestion and

fighting against climate change at least cost for the economy. This calls for a stepwise

approach in all transport modes, taking into account their particular characteristics.

(6) In the road transport sector, tolls as distance based charges for the use of infrastructure

constitute a fair and efficient economic instrument to achieve this objective since they have a

direct relation 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.

(7) 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, would have a positive effect

on the transport system and contribute to the Community 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 will be more effective in reducing congestion if Member States

include other road users outside the scope of this Directive in a scheme of a similar nature.

(8) The costs of traffic-based air and noise pollution and congestion, such as health costs,

including medical care, crop losses and other loss of production, and welfare costs, are borne

within the territory of the Member State in which the use of transport takes place. The polluter

(10) There are still uncertainties about the costs and benefits of the systems required to enforce

differentiated usage 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.

(11) 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.

(12) 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.

(13) 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. any section of

the network of a Member State used by a significant part of international goods

transport, where it represents at least 30% of the haulage traffic.

(15) 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 night period.

(16) 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.

(17) 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 for infrastructure operators if the traffic diversion which may result from an

increase of the toll is such that it implies a loss of revenue. To remedy this situation, a mark-

up should be allowed on alternative routes to which traffic could otherwise be diverted.

(18) In order to give the 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

(20) 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.

(20a) Discounts or reductions of the infrastructure charge should be permitted for certain users such

as frequent users or users of electronic toll systems.

(21) 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

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.

(22) The use of electronic tolling systems is essential to avoiding disruption to the free flow of

traffic and to preventing adverse effects on the local environment caused by queues at toll

barriers. It is therefore appropriate to ensure that the external cost charge is 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 Community5 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 which imply significant additional roadside

investment. The Commission should evaluate the use of such systems by the Member States.

(24) In accordance with the transport policy objectives of this Directive, the additional revenue

generated from an external cost charge should be used for projects with a broad Community

interest and designed 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 vehicles, and 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

management6 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 noise7, 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.

(25) In order to promote interoperability of tolling arrangements, two or more Member States

should be allowed to cooperate in introducing a common system of tolls, subject to

compliance with certain conditions.

(26) 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 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

electricity8, including of the fuel used by heavy goods vehicles. In the light of this progress,

the question of carbon dioxide emissions should be included and an analysis of any other

further appropriate actions should be continued.

(27) 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 and repealing Regulation (EC) No 1260/19999 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 developing alternative infrastructure for transport users, it

should not be considered in the calculation of the funding-gap.

(28) 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

(29) In particular, the Commission should be empowered to adapt Annexes 0, III, IIIa and IV to

technical and scientific progress, and Annexes I and II to inflation. Since those measures are

of general scope and are designed to amend non-essential elements of this directive, they must

be adopted in accordance with the regulatory procedure with scrutiny provided for in Article

5a of Decision 1999/468/EC.

(29a) In accordance with point 34 of the Interinstitutional Agreement on better law-making,

Member States are encouraged to draw up, for themselves and in the interests of the

Community, their own tables illustrating, as far as possible, the correlation between this

Directive and the transposition measures, and to make them public.

(30) Since the objectives of the action which are 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 those objectives,

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:11

"(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 for the purpose of recovering the

construction, the maintenance, the operation and the development costs12 related to

infrastructure incurred by a Member State or by a concessionaire;

(bb) `external cost charge' means a charge levied for the purpose of recovering the costs

incurred by in a Member State related to traffic-based air pollution, traffic-based noise

pollution and/or congestion;13

(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 the vehicles or created by their interaction with the road surface;14

(be) `cost of congestion' means the additional cost in terms of time loss, unreliability of

travel time, increased fuel consumption and vehicle maintenance costs imposed upon

other vehicles when the infrastructure use approaches capacity limits;

(bf) `weighted average infrastructure charge' means the total revenue of an infrastructure

(bg) `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

network their road network or on certain any sections of that their network used by a

significant part of international goods transport under the conditions laid down in

paragraphs 2, 3 and 4 of this article and in Articles 7a to 7j15, without prejudice to Article 9

paragraph 1a. This shall be without prejudice to the right of Member States, in

compliance with the Treaty, to apply tolls and/or user charges on roads on which the

part of international goods transport is not significant.

• 2. 

  Member States shall not impose within their territory both tolls and user charges on any given

category of vehicle. However, a Member States which imposes a user charge on its network

may also impose tolls for the use of bridges, tunnels and mountain passes.16

• 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.17

• 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*, 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 tonnes18. 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:

(a) create significant adverse effects due to traffic diversion on the free flow of traffic,

the environment, noise levels, congestion or health19; or

(b) involve administrative costs of more than 30% of the additional revenue which

would have been generated by that extension.

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 2.5% of the annual rate. annual rate shall be no less than 70 times the daily rate,

the monthly rate shall be no less than 13 times the daily rate and the weekly rate shall be no

less than five times the daily rate.20

A Member State may only apply annual rates for vehicles registered in that Member State.

• 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 and developing 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 may be related to the cost of traffic-based air pollution. On road

sections crossing areas with population exposed21 to traffic-based noise pollution, the external

cost charge may include the cost of traffic-based noise pollution. On road sections subject to

congestion the external cost charge may include the cost of congestion during the periods

when the use of these road sections usually approaches capacity limits, are usually

congested provided that a measure with an equivalent effect is applied to other road

users causing congestion.22 23

• 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 relevant criteria related to the type of

road, the EURO emission class, and the time period as specified in Annex IIIa.

• 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.24

• 3. 

  The amount of the external cost charge shall be set by the Member State concerned.25 If a

Member State designates an authority for this purpose the authority shall be legally and

financially independent from the organisation in charge of managing or collecting part or all

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

• 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 26

1.

In exceptional cases concerning infrastructure in mountainous regions27, and after informing

the Commission, a 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 the construction of

priority projects of European interest, identified in Annex III to Decision

No 1692/96/EC, which 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 priority projects of European interest

involving infrastructure in mountainous regions, in which case the mark-up may not

(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.28

• 32. 

  A mark-up may be applied to an infrastructure charge which has been varied in accordance

with Article 7f.

• 43. 

  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

• 65. 

  The amount of the mark-up shall be deducted from the amount of the external cost charge

calculated in accordance with Article 7c.

Article 7f

1.

Toll rates which comprise only an infrastructure charge shall be varied according to EURO

emission class in such a way that no toll is more than 100% above the toll charged for

equivalent vehicles meeting the strictest emission standards. Existing concession contracts are

exempted from this requirement until the 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 with consequential

impacts on road safety and public health.

Any such derogations or exemptions shall be notified to the Commission.

• 2. 

  Where a driver or, if appropriate, the haulier, 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.

(c) no toll is more than 100%30 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 if the variation would lead to double charging.31

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:

• 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.

• 3. 

  At least six months before the implementation of a new external cost charge tolling

arrangement, Member States shall send the Commission:32

(a) precise information locating 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) if appropriate, the name of the authority designated in accordance with Article 7c(3) 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.

• 4. 

  The Commission shall, within six months of receiving all the necessary information in

accordance with paragraph 3, take a decision as to whether the obligations of Articles 7b, 7c,

7i or 9(2) are not complied with no later than :

a) six months after the submission of the file referred to in paragraph 3;

b) where applicable, two months after provision of the additional information pursuant -

to paragraph 3 requested by Commission;

Article 7h 34

• 1. 

  Member States shall not provide for discounts or reductions for any users in relation to the

external cost charge element of a toll.35

• 2. 

  Member States may provide36 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, 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. 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 can be obtained by all users under

reasonable administrative and economic arrangements.

• 3. 

  If a Member State levies an external cost charge on a vehicle, the amount of such charge shall

be indicated in a document provided to the haulier37.

• 4. 

  An external cost charge shall be levied and collected by means of an electronic system which
• 5. 

  No later than 31 December 201339, the Commission shall present a report evaluating the use

of electronic systems to levy and collect external cost charges.40 41

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.42

_______________________

• * 

  OJ L 370, 31.12.1985, p. 8."

(3) In chapter III, the following Article 8b is added:

"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 informed about closely involved in such cooperation and in

the system's subsequent operation and possible amendment.43

• 2. 

  The common toll system shall be subject to the conditions set out in Articles 7 to 7j. Other

Member States may join the common system."

(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 roads located in an urban area.44

• 2. 

  A Member State in which an external cost charge is levied shall ensure that the revenue

generated by the charge is earmarked45 for measures aimed at facilitating efficient pricing,

reducing road transport pollution at source, mitigating its effects, improving CO

2 and energy

performance of vehicles, developing alternative infrastructure for transport users, or

improving road safety.46

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 should be used to benefit the transport sector and optimise the

entire transport system."

(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 and II47 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).48

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 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:

(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; and

(c) the weighted average infrastructure cost charge and total revenue raised through the

infrastructure charge.

• 2. 

  No later than 31 December 201349, 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:50

(a) the relevance of integrating other external costs in the calculation of tolls, should their

internalisation through other instruments especially the cost of carbon dioxide

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;51

(b) the relevance of extending the scope of the Directive to other categories of vehicles;

(c) the effect of the implementation of this directive to direct users toward the most

environmentally friendly and efficient transport solutions and shall include

guidelines on how to help Member States to introduce distance-based charges.

(c) the possibility of adopting a revised classification of vehicles for the purposes of

(d) the technical and economic feasibility of introducing on the main inter-urban roads

minimum distance-based charges. The report shall identify the possible type 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."

(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**.52

____________________

** 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."

(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 by53 24 months after the entry into force of this

directive at the latest. They shall forthwith communicate to the Commission the text of those

provisions.54

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.

The obligations for transposition and implementation of this Directive shall not apply to

Malta and Cyprus as long as neither toll nor user charge are implemented within their

territory.

• 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 Brussels, [...]

For the European Parliament For the Council

The President The President

[...] [...]

ANNEX TO ANNEX

"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.

Where a Member State chooses to levy an external cost charge on only a part or parts of the

network, the part or parts shall be chosen after an assessment establishing that:

· vehicles' use of the roads where the external cost charge is applied generates significant

environmental damage and/or congestion higher than that generated on average on other parts

of the road infrastructure network that are not subject to a external cost charge, or

· the imposition of an external cost charge on other parts of the network might have adverse

effects on the environment, congestion or road safety, or levying and collecting an external

cost charge on them would entail disproportionate cost.

2.

THE VEHICLES, ROADS AND TIME PERIOD COVERED

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 class, type of road and time period, the Member State or, if appropriate, an

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 Member State or, if appropriate, an 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

4. EXTERNAL COST ELEMENTS

4.1. Cost of traffic-based air pollution

When a Member State chooses to include all or part of the cost of traffic-based air pollution in the

external cost charge, the Member State or, if appropriate, an 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:

PCV

ij =

k EF

ik x PC

jk where:

• - 

  PCV

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

• - 

  EF

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

• - 

  PC

jk 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 (which requires use of the EMEP/CORINAIR Emission Inventory Guidebook)55. The

monetary cost of pollutants shall be taken from Table 13 of the "Handbook on estimation of

external cost in the transport sector"56.

Table 1: Air pollution cost of vehicle (PCV)

Euro cent/vehicle.kilometre Suburban roads Other interurban roads

The values in Table 1 are based on represent arithmetic averages of the values given in Table 15 of

the "Handbook on the estimation of external cost in the transport sector"57 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 or traffic composition in terms of vehicle size. The values of Table 1 or

the results obtained using the above formula 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 Member State or, if appropriate, an independent authority may adopt apply scientifically

proven 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 Member State or, if appropriate, an 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:

CVij (day) = e x k Cjk x POPk / WADT

CV

ij (night) = n x CV

ij (day) where

• - 

  WADT weighted average daily traffic (passenger car equivalent 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 on the evaluation and management of ambient noise.

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"58.

The weighted average daily traffic shall assume an equivalence weighting factor "e" 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 the estimation of external cost in the transport sector, table 22 59

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.

The Member State may apply scientifically proven alternative methods to estimate the value

of noise costs provided that the results do not exceed the above unit values.

All parameters, data and other information necessary to understand how the chargeable noise cost is

calculated shall be made public.

4.3. Cost of congestion

On congested roads, a Member State may choose to include all or part of the cost of congestion in

the external cost charge provided that the Member State demonstrates that the congestion cost

imposed by a vehicle on other users exceeds the infrastructure development cost already charged for

this vehicle. In such a case, the Member State or, if appropriate, an independent authority shall

calculate the chargeable congestion cost for the different periods of time by applying the following

formula or by taking the unit values in Table 3 if the latter are lower.

CCV =MEC (Qo )-IDC

MEC (Q )=VOTxQ (v (Q )-v (Q - Q )

v (Q )²x

Q where

• - 

  CCV chargeable congestion cost (euro/vehicle.kilometre)
• - 

  IDC infrastructure development cost already charged (euro/vehicle.kilometre)
• - 

  Qo optimal hourly traffic (vehicle/hour)
• - 

  MEC(Q) marginal external cost of congestion (euro/vehicle.kilometre)
• - 

  VOT value of time (euro/hour.vehicle)
• - 

  Q average hourly traffic (vehicle)
• - 

  Q small change in hourly traffic
• - 

  v(Q) average traffic speed (kilometre/hour)

The optimal hourly traffic shall be computed by iteratively raising the cost until equilibrium is

reached between the hourly traffic and the marginal external cost of congestion. Alternatively, the

ratio between the chargeable congestion charge (CCV) and the marginal external cost of congestion

(MEC) shall be 0.5. If the data for estimating Q

0 are not available, Member States shall apply

the following formula:

CCV = 0.5 MEC(Q) - IDC

The speed-flow function shall be based on standard engineering curves.

The value of time shall be based on state of the art surveys of the willingness to pay.

Table 3: Chargeable congestion cost of vehicles (CCV)

Euro cent/vehicle.kilometre Time Time Time

period A period B period C

Suburban roads 20 65

Other interurban roads 2 7

Values in euro cents, 2000

Source: Estimated from the "Handbook on the estimation of external cost in the transport sector", table 7 60

Time period A is an off peak period with stable flow of traffic

Time period B is a peak period or close to peak period with unstable flow of traffic

Time period C is an extreme peak period with forced or breakdown flow of traffic

All parameters, data and other information necessary to understand how the chargeable congestion

cost is calculated shall be made public."

_______________