COUNCIL OFBrussels, 4 November 2008
THE EUROPEAN UNIONPUBLIC
TRANS 368 FISC 144 ENV 752 CODEC 1462 -
Council General Secretariat
n° prev. doc. : 14724/08 TRANS 342 FISC 141 ENV 723 CODEC 1418
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
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
(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)
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,
(1) The promotion of sustainable transport is a key element of the common transport policy. To
(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
(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
(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 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
(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
(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
(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
(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
(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,
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
(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 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;
(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:
Member States may maintain or introduce tolls and/or user charges on the trans-European
network or on any other section of 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 State 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
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
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
(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.
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 2.7
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, if the congestion
costs exceed the infrastructure development cost that has already been charged, 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
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.
Member States shall calculate the infrastructure charge using a methodology based on the
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
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 27
1.In exceptional cases concerning infrastructure in mountainous regions28, 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
(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
(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
construction works 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.
3.A mark-up may be applied to an infrastructure charge which has been varied in accordance
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.30
6.The amount of the mark-up shall be deducted from the amount of the external cost charge
calculated in accordance with Article 7c.
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
(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.
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 100%31 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.32
1.At least six months before the implementation of a new infrastructure charge tolling
arrangement, Member States shall send to the Commission:
(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.
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 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
The Member State concerned shall adapt the proposed external cost charge in order to be in
conformity with the decision. The decision of the Commission shall be made available to the
Committee referred to in Article 9c.34
Article 7h 35
1.Member States shall not provide for discounts or reductions for any users in relation to the
external cost charge element of a toll.36
2.Member States may provide37 for discounts or reductions to the infrastructure charge on
(a) the resulting charging structure is proportionate, openly published and available to 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
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.
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,
5.No later than 31 December 2013, the Commission shall present a report evaluating the use of
electronic systems to levy and collect external cost charges.40
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.41
OJ L 370, 31.12.1985, p. 8."
(3) In chapter III, the following Article 8b is added:
"Article 8b 42
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 such cooperation and the system's subsequent
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."
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
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
2.No later than 31 December 2013, 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
tonnes49. The report shall also assess:
(a) the relevance of integrating other external costs in the calculation of tolls, should their
internalisation through other instruments have not yielded satisfactory results;
(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 information
on the introduction of on how to help Member States to introduce distance-based
The report shall also evaluate the use of electronic systems to levy and collect
(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
** 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
(8) After Annex III, the text set out in the Annex to this Directive is inserted as Annex IIIa.
Member States shall bring into force the laws, regulations and administrative provisions
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 territory53.
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.
This Directive shall enter into force on the day following that of its publication in the Official
Journal of the European Union .
This Directive is addressed to the Member States.
Done at Brussels, [...]
For the European Parliament For the Council
ANNEX TO ANNEX
MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL COST CHARGE AND
MAXIMUM CHARGEABLE EXTERNAL COST ELEMENTS54
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
network55, the part or parts shall be chosen after an assessment establishing that:
ˇ 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 an external cost charge,
ˇ the imposition of an external cost charge on other parts of the network might have adverse
effects on the environment, congestion56 or road safety, or levying and collecting an external
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 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 lower59:
ik x PC
ij air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre)
ik emission factor of pollutant k and vehicle class i (gram/vehicle.kilometre)
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)60. The
monetary cost of pollutants shall be taken from Table 1361 of the "Handbook on estimation of
Table 1: Maximum air pollution cost of vehicle (PCV)
Roads subject to
Roads subject to lower
Euro cent/vehicle.kilometre higher external
cost charges external cost charges
EURO 0 16 13
EURO I 11 964
EURO II 9 8
EURO III 7 6
EURO IV 565 4
EURO V and less
polluting66 3 2
Values in euro cents, 2000
The values in Table 1 are based on arithmetic averages of the values given in Table 15 of the
"Handbook on the 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 or traffic composition on the road section in question 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 roads67, altitude
and/or temperature inversions.
The Member State or, if appropriate, an independent authority may apply scientifically proven
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:
CVj (day) = e x k Cjk x POPk / WADT 68
j (night) = n x CV
j (day) where
-NCVj noise cost of one heavy goods vehicle 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)
-WADT weighted average daily traffic (passenger car equivalent)
-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".
The weighted average daily traffic shall assume an equivalence factor "e" of no more than 4
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 valleys70.
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 values71. All parameters, data and
other information necessary to understand how the chargeable noise cost is calculated shall be made
4.3. Cost of congestion72
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 )˛x
-CCV chargeable congestion cost (euro/vehicle.kilometre)
-IDC infrastructure development cost already charged (euro/vehicle.kilometre)
The average hourly traffic shall assume equivalence factor between heavy goods vehicles and
passengers cars of no more than 3.
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. If the data for
estimating Q 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: Maximum chargeable congestion cost of vehicles (CCV)
Euro cent/vehicle.kilometre Time Time Time
period A period B period C
Roads subject to higher external cost charges 20 65
Roads subject to lower external cost charges 2 7
Values in euro cents, 2000
Source: Estimated from the "Handbook
on the estimation of external cost in the transport sector", table 7
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