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

 

COUNCIL OFBrussels, 22 December 2008

THE EUROPEAN UNIONPUBLIC

17516/08

LIMITE

Interinstitutional File:

2008/0147 (COD)

TRANS 490 FISC 190 ENV 1033 CODEC 1894

DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC

NOTE

from:

Council General Secretariat

to: Delegations

n° prev. doc. : 16636/08 TRANS 444 FISC 178 ENV 922 CODEC 1708

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 text for a draft Directive on the above-mentioned subject. The

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

implement an action plan to enhance capacity. This action plan should include a similar

charging scheme for other road users outside the scope of this Directive or adopting new

measures with an equivalent effect such as priority lanes for vehicles subject to congestion

charges, traffic access restriction for light vehicles, ramp metering, dynamic speed

management or high occupancy vehicles lanes. However, this directive in no way exercises

(9) The model devised by the Commission for calculating the costs of traffic-based air and noise

pollution and congestion 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.

(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) In order to avoid double charging, time-based user charges and tolls should not be applied

simultaneously on the same road section 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 for heavy goods vehicles.

(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 where

(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 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, section 4 of

Annex IIIa and Annex 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) When appropriate EU standards are available, the method to calculate the noise cost charge

should be adapted to vary according to the acoustic characteristics of vehicles, to further

encourage the use of vehicles with low noise emissions.

(29b) When a Member State calculates external cost charges, it should take into account the values

of monetary costs of externalities that are provided by the study "Handbook on the estimation

of external cost in the transport sector"11 which gives an overview of the state of the art in the

theory and practice of estimating external costs.

(29c) 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

Article 1

Directive 1999/62/EC is amended as follows:

(1) In Article 2, points (b) and (ba) are replaced by the following:12

"(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/or13 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 costs 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;

(bc) `cost of traffic-based air pollution' means the cost of the damage caused by the release

of particulate matter and of ozone precursors such as nitrogen oxide and volatic organic

compounds 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;

(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;

(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 or on certain sections of that network, and on any other additional sections of their

network where international goods transport represents a significant share of traffic under the

conditions laid down in paragraphs 2, 3 and 4 of this article and in Articles 7a to 7j14, 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 other roads,

provided that the imposition of tolls and/or user charges on such roads does not discriminate

against international traffic and does not result in distortion of competition between operators.

• 2. 

  Member States shall not impose both tolls and user charges on any given category of vehicle

for the use of a single road section. 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
• 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:

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

the environment, noise levels, congestion or health; 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 5 %

of the annual rate and the daily rate shall be no more than 2% of the annual rate15 without

exceeding the values stipulated in Annex II.16

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

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 exposed17 to traffic-based noise pollution, the external

cost charge may include the cost of traffic-based noise pollution.

On specified road sections subject to congestion the external cost charge may include the cost

of congestion caused by vehicles subject to it during the periods when the use of these road

sections is usually close to capacity limits on condition that:

• - 

  the congestion charge is part of the action plan referred to in Article 7c paragraph 4,

which identifies, on the basis of a cost/benefit analysis, the possible measures to reduce

congestion on the specified road sections concerned by reducing the traffic volume or

by building new infrastructure. A calendar for implementation and the estimated costs

of the identified measures shall also be included; and

• - 

  it does not result in unfair treatment of commercial traffic compared to other road users

causing congestion and in distortions of competition between operators.

Where the implementation of the action plan does not result in reduction of congestion, the

Member State shall cease to levy the congestion charge on the road sections concerned.18

• 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 and Annex

IIIb.

• 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 and Annex IIIb.19

• 3. 

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

• 4. 

  Before the implementation of an external cost charge, the Member State concerned shall set

an action plan on mitigating the negative impacts on environment and congestion20 caused by

road transport without discriminations against international traffic and distortions of

competition between operators.21

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

Article 7e

• 1. 

  In exceptional cases concerning infrastructure in mountainous regions22, 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

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

construction works referred to in point (a) are submitted to the Commission in advance

of the application of the mark-up; and

• 2. 

  [...]23
• 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.24

• 6. 

  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

(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.

• 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, or 50% above the weighted average infrastructure charge.

• 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

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

(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;

(d) the parameters, data and information necessary to demonstrate how the calculation

method set out in Annex IIIa will be applied; and

(e) the action plan referred to in article 7c paragraph 4.

• 4. 

  The Commission shall take a decision as to whether the obligations of Articles 7b, 7c, 7i or

9(2) are complied with no later than:

• a) 

  six months after the submission of the file referred to in paragraph 3 and;
• b) 

  where applicable, additional three months after provision of the additional information

-

pursuant to paragraph 3 requested by Commission;

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.

Article 7h26

• 1. 

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

external cost charge element of a toll.27

• 2. 

  Member States may provide for discounts or reductions to the infrastructure charge on

(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

• 3. 

  If a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the

infrastructure charge and/or the amount of the external cost charge shall be indicated in a

receipt provided to the haulier, as far as possible by electronic means.

• 4. 

  Where appropriate and economically feasible, Member States shall endeavour to levy and

collect an external cost charge by means of an electronic system which complies with the

requirements of Article 2(1) of Directive 2004/52/EC.28

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.29

_______________________

*

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

(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,

including trans-European network roads crossing urban areas.30

• 2. 

  A Member State in which an external cost charge is levied shall determine the use to be made

of revenue generated by that charge. Those revenues should be used 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, expanding capacity, optimising logistics or improving road

safety.31

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, section 4 of Annex IIIa and Annex IV in the light of

scientific and technical progress and Annexes I and II32 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).33

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, the assessment of the progress in the reduction of the congestion on

the specific road sections concerned and, if necessary, appropriate modifications to the

action plan referred to in Article 7c paragraph 4 in order to achieve a greater reduction

of congestion and of the negative impact caused by road transport to the environment;

and

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

infrastructure charge.

• 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

tonnes. The report shall also assess:

(a) [...]34

(b) the effectiveness of the measures foreseen in this Directive in order to tackle negative

impacts caused by road transport taking also into account, in particular, the impact on

isolated and peripheral Member States, and, if appropriate, proposes corrective and/or

complementary measures to further improve this effectiveness.35

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

(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 infrastructure

charges 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 infrastructure

charges revenue, or to the freedom, in accordance with Article 7f, to vary the amounts

of specific infrastructure charges away from the average**.

____________________

** 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 infrastructure charges 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 and in the Annex I to this Directive is

respectively inserted as Annex IIIa and Annex IIIb.

Article 2

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

Member States 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 I TO ANNEX

"ANNEX IIIa

MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL COST CHARGE AND

MAXIMUM CHARGEABLE EXTERNAL COST ELEMENTS37

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 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, 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.38

• 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 (called hereafter "suburban roads"), and of roads subject to lower external cost

charges (called hereafter "interurban roads and motorways").

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 between suburban roads, interurban roads and motorways, 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,

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 Member State or, if appropriate, an 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 biennially adjust, if appropriate, the charging structure and

the specific amount of the charge set for a given class of vehicle, type of road and period of time to

the changes in transport demand and supply. The adjustment shall take into account progress in

achieving the objectives of the action plan referred to in Article 7c paragraph 4.

• 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 of Annex IIIb 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)

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)39. The monetary cost of pollutants shall be

estimated by the Member State or, if appropriate, an independent authority, respecting the state of

the art.

The Member State or, if appropriate, an independent authority may apply scientifically proven

alternative methods to calculate the value of air pollution costs 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 unit values referred to in Table 1 of Annex IIIb for any class of vehicles.

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 of Annex IIIb if the latter are lower:

CVj (daily) = e x k Cjk x POPk / WADT40

CV

j (day) = a(%) x CV

j

CV

j (night) = b(%) x CV

j where

• - 

  a(%) + b(%) = 100%

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 estimated by the Member State or, if

appropriate, an independent authority, respecting the state of the art.

The weighted average daily traffic shall assume an equivalence factor "e" of no more than 4

between heavy goods vehicles and passenger cars.42

The Member State or, if appropriate, an independent authority may apply scientifically proven

alternative methods to calculate the value of noise costs provided that the results do not exceed the

unit values referred to in Table 2 of Annex IIIb.

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 of Annex IIIb if the latter are lower.

CCV=MEC(Qo)-IDC

• - 

  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 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 adjusting 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.

The Member State or, if appropriate, an independent authority may apply scientifically proven

alternative methods to calculate the value of congestion costs provided that the results do not

exceed the unit values referred to in Table 3 of Annex IIIb.

ANNEX II TO ANNEX

"ANNEX IIIb

MAXIMUM CHARGEABLE EXTERNAL COSTS

• 1. 

  Maximum cost of traffic-based air pollution :

Table 1: Maximum chargeable air pollution cost of any vehicle in a given class (PCV)44

Euro cent/vehicle.kilometre Suburban roads 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 V45 3 2

EURO VI and less polluting

Values in euro cents, 2000

46The 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 roads47, altitude and/or temperature inversions.

• 2. 

  Maximum cost of traffic-based noise pollution

Table 2: Maximum chargeable noise cost of vehicles (NCV)48

Euro cent/vehicle.kilometre Day Night

Suburban roads 1.1 2

Interurban roads and motorways 0.13 0.23

Values in euro cents, 2000

The values of Table 2 may be multiplied by a factor of up to 5

49 in mountain areas to the extent that

it is justified by the gradient of roads, temperature inversions and/or amphitheatre effect of valleys.

• 3. 

  Maximum cost of congestion

Table 3: Maximum chargeable congestion cost of vehicles (CCV)50

Euro cent/vehicle.kilometre Time Time Time

period A period B period C

Suburban roads 20 15 65 60

Interurban roads and motorways 2 7

Values in euro cents, 2000

Time period A is an off peak period with stable flow of traffic and may include night hours

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

indicatively 70% of the capacity is habitually used during the period

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

indicatively 90% of the capacity is habitually used during the period51