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Document 01999L0062-20220324
Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of road infrastructures
Consolidated text: Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of road infrastructures
Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of vehicles for the use of road infrastructures
01999L0062 — EN — 24.03.2022 — 009.003
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DIRECTIVE 1999/62/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 June 1999 on the charging of vehicles for the use of road infrastructures (OJ L 187 20.7.1999, p. 42) |
Amended by:
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Official Journal |
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page |
date |
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DIRECTIVE 2006/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 May 2006 |
L 157 |
8 |
9.6.2006 |
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L 363 |
344 |
20.12.2006 |
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DIRECTIVE 2011/76/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2011 |
L 269 |
1 |
14.10.2011 |
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L 158 |
356 |
10.6.2013 |
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C 46 |
3 |
18.2.2014 |
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C 101 |
1 |
17.3.2016 |
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C 205 |
1 |
14.6.2018 |
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C 223 |
1 |
7.7.2020 |
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DIRECTIVE (EU) 2022/362 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 February 2022 |
L 69 |
1 |
4.3.2022 |
Amended by:
L 236 |
33 |
23.9.2003 |
Corrected by:
DIRECTIVE 1999/62/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 June 1999
on the charging of vehicles for the use of road infrastructures
CHAPTER I
General provisions
Article 1
This Directive applies to:
vehicle taxes imposed on heavy goods vehicles;
tolls and user charges imposed on vehicles.
Article 2
For the purposes of this Directive:
‘trans-European road network’ means the road transport infrastructure referred to in Chapter II, Section 3, of Regulation (EU) No 1315/2013 of the European Parliament and of the Council ( 1 ), as illustrated by maps in Annex I to that Regulation;
‘core trans-European transport network’ means the transport infrastructure identified in accordance with Chapter III of Regulation (EU) No 1315/2013;
‘construction costs’ means the costs related to construction, including, where appropriate, the financing costs, of any of the following:
new infrastructure or new infrastructure improvements, including significant structural repairs;
infrastructure or infrastructure improvements, including significant structural repairs, completed no more than 30 years before 10 June 2008, where tolling arrangements were already in place on 10 June 2008, or completed no more than 30 years before the establishment of any new tolling arrangements introduced after 10 June 2008; or
infrastructure or infrastructure improvements completed before the time limits referred to in point (b), where:
a Member State has established a tolling system which provides for the recovery of these costs by means of a contract with a tolling system operator, or other legal acts having equivalent effect, which entered into force before 10 June 2008, or
a Member State can demonstrate that the case for building the infrastructure in question depended on its having a design lifetime in excess of 30 years;
‘financing costs’ means interest on borrowings and return on any equity funding contributed by shareholders;
‘significant structural repairs’ means structural repairs excluding those repairs no longer of any current benefit to road users, in particular where the repair work has been replaced by further road resurfacing or other construction work;
‘motorway’ means a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which meets the following criteria:
it is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;
it does not cross at grade with any road, railway or tramway track, bicycle path or footpath; and
it is specifically designated as a motorway;
‘toll’ means a specified amount payable in respect of a vehicle based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for that vehicle to use the infrastructures, and consisting of one or more of the following charges:
an infrastructure charge;
a congestion charge; or
an external-cost charge;
‘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 in a Member State;
‘external-cost charge’ means a charge levied for the purpose of recovering the costs related to one or more of the following:
traffic-based air pollution;
traffic-based noise pollution; or
traffic-based CO2 emissions;
‘cost of traffic-based air pollution’ means the cost of the harm to human health and of the environmental damage caused by the release of particulate matter and of ozone precursors, such as NOx and volatile organic compounds, in the course of the operation of a vehicle;
‘cost of traffic-based noise pollution’ means the cost of the harm to human health and of the environmental damage caused by the noise emitted by the vehicles or created by their interaction with the road surface;
‘cost of traffic-based CO2 emissions’ means the cost of the damage caused by the release of CO2 in the course of the operation of a vehicle;
‘congestion’ means a situation where traffic volumes approach or exceed road capacity;
‘congestion charge’ means a charge which is levied on vehicles for the purpose of recovering the congestion costs incurred in a Member State and of reducing congestion;
‘weighted average infrastructure charge’ means the total revenue from an infrastructure charge over a given period divided by the number of heavy-duty vehicle kilometres travelled on the road sections subject to that charge during that period;
‘user charge’ means a specified amount payment of which confers the right for a vehicle to use for a given period the infrastructures referred to in Article 7(1) and (2);
‘vehicle’ means a motor vehicle, with four or more wheels, or an articulated vehicle combination intended or used for the carriage by road of passengers or goods;
‘heavy-duty vehicle’ means a vehicle with a technically permissible maximum laden mass exceeding 3,5 tonnes;
‘heavy goods vehicle’ means a heavy-duty vehicle intended for the carriage of goods;
‘coach’ and ‘bus’ mean a heavy-duty vehicle intended for the carriage of more than eight passengers in addition to the driver;
‘light-duty vehicle’ means a vehicle with a technically permissible maximum laden mass not exceeding 3,5 tonnes;
‘passenger car’ means a light-duty vehicle intended for the carriage of not more than eight passengers in addition to the driver;
‘vehicle of historical interest’ means a vehicle of historical interest as defined in Article 3, point 7, of Directive 2014/45/EU of the European Parliament and of the Council ( 2 );
‘minibus’ means a light-duty vehicle intended for the carriage of more than eight passengers in addition to the driver;
‘motor caravan’ means a vehicle with living accommodation space which contains seats and a table, sleeping accommodation, whether separate or converted from the seating, cooking facilities and storage facilities;
‘light commercial vehicle’ means a light-duty vehicle intended for the carriage of goods;
‘van’ means a light-duty vehicle within the meaning of Part C, point 4.2, of Annex I to Regulation (EU) 2018/858 of the European Parliament and of the Council ( 3 );
‘CO2 emissions’ of a heavy-duty vehicle means its specific CO2 emissions provided in point 2.3 of its Customer Information file as defined in Part II of Annex IV to Commission Regulation (EU) 2017/2400 ( 4 );
‘zero-emission vehicle’ means:
a zero-emission heavy-duty vehicle as defined in Article 3, point 11, of Regulation (EU) 2019/1242 of the European Parliament and of the Council ( 5 ); or
any passenger car, minibus or light commercial vehicle without an internal combustion engine;
‘low-emission heavy-duty vehicle’ means:
a low emission heavy-duty vehicle as defined in Article 3, point 12 of Regulation (EU) 2019/1242; or
a heavy-duty vehicle not covered by Article 2(1), points (a) to(d), of that Regulation, with CO2 emissions lower than 50 % of the reference CO2 emissions of its vehicle group, other than a zero-emission vehicle;
‘transport operator’ means any undertaking transporting goods or passengers by road;
‘vehicle of the ‘Euro 0’, ‘Euro I’, ‘Euro II’, ‘Euro III’, ‘Euro IV’, ‘Euro V’, ‘EEV’, ‘Euro VI’ emission class’ means a heavy-duty vehicle that complies with the emission limits set out in Annex 0;
‘type of heavy-duty vehicle’ means a category into which a heavy-duty vehicle falls according to the number of its axles, its dimensions or mass, or other vehicle classification factors reflecting road damage, such as the road damage classification system set out in Annex IV, provided that the classification system used is based on vehicle characteristics which appear in the vehicle documentation used in all Member States or which are visually apparent;
‘vehicle sub-group’ means vehicle sub-group as defined in Article 3, point 8, of Regulation (EU) 2019/1242;
‘vehicle group’ means a grouping of vehicles listed in Table 1 of Annex I to Regulation (EU) 2017/2400;
‘reporting period of the year Y’ means reporting period of the year Y as defined in Article 3, point 3, of Regulation (EU) 2019/1242;
‘emission reduction trajectory’, for the reporting period of a year (Y) and vehicle sub-group (sg), namely ETY,sg, means the product of the annual CO2 emissions reduction factor (R-ETY) times the reference CO2 emissions (rCO2sg) of the sub-group (sg), namely ETY,sg = R-ETY x rCO2sg; for years Y ≤ 2030, R-ETY and rCO2sg are both determined in accordance with point 5.1 of Annex I to Regulation (EU) 2019/1242; for years Y > 2030, R-ETY is 0,70; rCO2sg applies as adjusted by delegated acts adopted in accordance with Article 11(2) of Regulation (EU) 2019/1242 for the reporting periods commencing after the respective dates of application of those delegated acts;
‘reference CO2 emissions of a vehicle group’ means:
for vehicles covered by Regulation (EU) 2019/1242, the amount calculated in accordance with the formula in point 3 of Annex I to that Regulation;
for vehicles not covered by Regulation (EU) 2019/1242, the average value of all CO2 emissions of vehicles in that vehicle group, reported in accordance with Regulation (EU) 2018/956 of the European Parliament and of the Council ( 6 ) for the first reporting period, which will start after the date on which the registration, sale or entry into service of vehicles in that vehicle group, that do not comply with the obligations referred to in Article 9 of Regulation (EU) 2017/2400, is prohibited in accordance with Article 24 of Regulation (EU) 2017/2400;
‘concession contract’ means a works concession or a service concession as defined in Article 5, point 1(a) or (b), of Directive 2014/23/EU of the European Parliament and of the Council ( 7 );
‘concession toll’ means a toll levied by a concessionaire under a concession contract;
‘substantially amended tolling or charging arrangement’ means a tolling or charging arrangement, where the amendment of rates is expected to increase revenues in excess of 10 % in comparison to the previous accounting year, excluding the effect of increase in traffic and after correcting for inflation measured by changes in the EU-wide Harmonised Index of Consumer Prices (HICP), and excluding energy and unprocessed food, as published by the Commission (Eurostat).
For the purposes of paragraph 1, point 2:
in any event, the proportion of the construction costs to be taken into account shall not exceed the proportion of the current design lifetime period of infrastructure components still to run on 10 June 2008 or on the date when the new tolling arrangements are introduced, where this is a later date;
costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure designed to reduce nuisance related to noise, to introduce innovative technologies or to improve road safety and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination.
CHAPTER II
Vehicle taxation
Article 3
The vehicle taxes referred to in Article are as follows:
impuesto sobre vehiculos de traccion mecanica;
impuesto sobre actividades economicas (solely as regards the amount of the levies charged for motor vehicles),
taxe spéciale sur certains véhicules routiers;
taxe différentielle sur les véhicules a moteur,
tassa automobilistica;
addizionale del 5 % sulfa tassa automobilistica,
Transporto priemonių savininkų ar valdytojų naudotojo mokestis;
Mokestis už Lietuvoje įregistruotas krovinines transporto priemones,
imposto de camionagem;
imposto de circulaçao,
vehicle excise duty;
motor vehicles licence.
Article 4
Procedures for levying and collecting the taxes referred to in Article 3 shall be determined by each Member State.
Article 5
As regards vehicles registered in the Member States, the taxes referred to in Article 3 shall be charged solely by the Member State of registration.
Article 6
Until two years after entry into force of the Directive, Greece, Italy, Portugal and Spain shall be authorised to apply rates that are lower than, but not less than, 65 % of the minima laid down in Annex I.
Member States may apply reduced rates or exemptions for:
vehicles used for national or civil defence purposes, by fire and other emergency services and by the police, and vehicles used for road maintenance;
vehicles which travel only occasionally on the public roads of the Member State of registration and are used by natural or legal persons whose main occupation is not the carriage of goods, provided that the transport operations carried out by these vehicles do not cause distortions of competition, and subject to the Commission's agreement.
The Council, acting unanimously on a proposal from the Commission, may authorise a Member State to maintain further exemptions from or reductions in taxes on vehicles on the grounds of specific policies of a socio-economic nature or linked to that State's infrastructure. Such exemptions or reductions may apply only to vehicles registered in that Member State which carry out transport operations exclusively inside a well-defined part of its territory.
Any Member State wishing to maintain such an exemption or reduction shall inform the Commission thereof and shall also forward to it all necessary information. The Commission shall inform the other Member States of the proposed exemption or reduction within one month.
The Council shall be deemed to have authorised maintenance of the proposed exemption or reduction if, within a period of two months from the date on which the other Member States were informed in accordance with the first subparagraph, neither the Commission nor any Member State has requested that the matter be examined by the Council.
CHAPTER III
Tolls and user charges
Article 7
Member States may decide not to apply Article 7ca(3), Article 7ga(1) and Article 7gb(2) to such tolls for the use of bridges, tunnels and mountain passes where one or both of the following conditions is met:
application of Article 7ca(3), Article 7ga(1) Article 7gb(2) would not be technically practicable to introduce such differentiation in the tolling system concerned;
application of Article 7ca(3), Article 7ga(1) and Article 7gb(2) would lead to diversion of the most polluting vehicles, with negative impacts on road safety and public health.
A Member State that decides not to apply Article 7ca(3), Article 7ga(1) and Article 7gb(2) in accordance with the second subparagraph of this paragraph shall notify the Commission of its decision.
Tolls and user charges shall not discriminate, directly or indirectly, on the grounds of:
the nationality of the road user;
the Member State or the third country of establishment of the transport operator;
the Member State or the third country of registration of the vehicle; or
the origin or destination of the transport operation.
Member States may provide for reduced tolls or user charges, or exemptions from the obligation to pay tolls or user charges for:
heavy-duty vehicles exempted from the requirement to install and use recording equipment under Regulation (EU) No 165/2014 of the European Parliament and of the Council ( 9 );
heavy goods vehicles with a technically permissible maximum laden mass exceeding 3,5 tonnes and less than 7,5 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of the driver’s work, or for delivering goods which are produced on a craft basis, where the transport is not effected for hire or reward;
any vehicle covered by the conditions set out in Article 6(2), points (a) and (b), or any vehicle used or owned by persons with disabilities; and
zero-emission vehicles with a technically permissible maximum laden mass up to 4,25 tonnes.
By way of derogation from paragraph 10, Member States may apply user charges for heavy-duty vehicles on sections of the core trans-European transport network but only in duly justified cases where applying a toll would:
involve disproportionate administrative, investment and operating costs compared to the expected revenue or benefits, which such a toll would generate, for example due to the limited length of the road sections concerned or the relatively low population density or the relatively low traffic; or
lead to the diversion of traffic with negative impacts on road safety or on public health.
Before applying those user charges, Member States shall notify the Commission of their intention to do so. That notification shall include the reasons justifying, in light of the first subparagraph, the application of the user charge based on objective criteria and clear information on the vehicles and road sections covered by the user charge.
Member States may submit one single notification for more road sections covered by the exemptions, provided that the justification is included for each section.
Until 25 March 2027, as regards heavy goods vehicles, a Member State may choose to apply tolls or user charges only to heavy goods vehicles with a technically permissible maximum laden mass of not less than 12 tonnes where it considers that levying tolls or user charges to heavy goods vehicles of less than 12 tonnes would:
create significant adverse effects on the free flow of traffic, the environment, noise levels, congestion, health, or road safety, due to traffic diversion;
involve administrative costs of more than 15 % of the additional revenue resulting from that extension; or
concern a category of vehicles which does not cause more than 10 % of the chargeable infrastructure costs.
Member States choosing to apply tolls or user charges or both only to heavy goods vehicles with a technically permissible maximum laden mass of not less than 12 tonnes shall inform the Commission of their decision together with the reasons upon which it is based.
That assessment shall take into account the evolution of charging systems applied to light-duty vehicles in terms of the type of charging applied to various vehicle categories, the extent of the network covered, the proportionality of pricing and other relevant elements.
Based on that assessment, the Commission shall, where appropriate, submit a legislative proposal to amend the relevant provisions of this Directive.
Article 7a
A Member State may decide that for vehicles registered in that Member State only annual rates shall apply.
Member States shall set user charges, including administrative costs, for all heavy-duty vehicles, at a level that does not exceed the maximum rates laid down in Annex II.
Member States may limit the daily user charge for transit purposes only.
Member States may also make the use of the infrastructure available for other periods of time. In such cases, Member States shall apply rates in accordance with the principle of equal treatment between users, taking into account all relevant factors, in particular the annual rate and the rates applied for the other periods referred to in the first subparagraph, existing use patterns and administrative costs.
In respect of user charge schemes adopted before 24 March 2022, Member States may maintain rates above the limits set out in the first subparagraph, provided that they were in force before that date, and may maintain corresponding higher rates for other periods of use, in compliance with the principle of equal treatment. ►C2 However, they shall comply with the limits set out in the first subparagraph as well as with the third subparagraph as soon as substantially amended charging arrangements enter into force and, at the latest, by 25 March 2030. ◄
Article 7aa
Article 7b
Article 7c
Where an external-cost charge is applied for heavy-duty vehicles, Member States shall vary it and set it in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall respect the reference values set out in Annexes IIIb and IIIc. Member States may choose to recover only a percentage of those costs.
Article 7ca
The first subparagraph shall cease to apply four years after the date when the rules which introduced those standards started to apply.
By way of derogation from the first subparagraph, Member States may decide not to apply an external-cost charge on those road sections where this would lead to the diversion of the most polluting vehicles, resulting in negative impacts on road safety and public health.
The result of that optional assessment, including a justification of the reason why the external-cost charge or discount is not applied, shall be notified to the Commission.
Article 7cb
Article 7d
No later than six months after the adoption of new and more stringent Euro emission standards, the Commission shall, where appropriate, submit a legislative proposal in order to determine the corresponding reference values in Annex IIIb and to adjust the maximum rates of user charges in Annex II.
Article 7da
Revenues generated from congestion charges, or the equivalent in financial value of those revenues, shall be used to address the problem of congestion, or to develop sustainable transport and mobility in general.
Where such revenues are allocated to the general budget, a Member State shall be deemed to have applied the second subparagraph, if it implements financial support policies to address the problem of congestion or to develop sustainable transport and mobility which have a value equivalent to the revenues generated from congestion charges.
Article 7e
Article 7f
After informing the Commission, a Member State may add a mark-up to the infrastructure charge levied on specific road sections which are regularly congested, or the use of which by vehicles causes significant environmental damage, where the following conditions are met:
the revenue generated from the mark-up is invested in financing the development of transport services, or in the construction or maintenance of transport infrastructure of the core trans-European transport network 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;
the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7e of this Directive, except where the revenue generated is invested in cross-border sections of a core network corridor identified in accordance with Chapter IV of Regulation (EU) No 1315/2013, in which case the mark-up may not exceed 25 % of that weighted average infrastructure charge, or, where two or more Member States apply a mark-up in the same corridor, in which case, upon agreement of all Member States which are part of that corridor and which neighbour the Member States in the territory of which the section of the corridor to which a mark-up is to be applied falls, that mark-up may exceed 25 % but may not exceed 50 % of that weighted average infrastructure charge;
the application of the mark-up does not result in unfair treatment of commercial traffic compared to other road users;
a description of the exact location of the mark-up and proof of a decision to finance transport infrastructure or transport services referred to in point (a) are submitted to the Commission in advance of the application of the mark-up;
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.
Article 7g
The infrastructure charge may be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, where the following conditions are met:
the variation is transparent, made public and available to all users on equal terms;
the variation is applied according to the time of day, type of day or season;
no infrastructure charge is more than 175 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b;
the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed six hours per day;
the variation is devised and applied in a transparent and revenue-neutral way on a road section affected by congestion by offering reduced toll rates for road users who travel during off-peak periods and increased toll rates for road users who travel during peak hours on the same road section;
no congestion charge is levied on the road section concerned.
A Member State wishing to introduce such variation or changing an existing one shall inform the Commission thereof and provide it with the information necessary to assess whether the conditions are fulfilled.
By way of derogation from the first subparagraph, a Member State may decide not to apply the requirement of varying the infrastructure charge where any of the following applies:
it would seriously undermine the coherence of the tolling systems in its territory;
it would not be technically practicable to introduce such differentiation in the tolling system concerned;
it would lead to diversion of the most polluting vehicles with negative impacts on road safety and public health;
the toll includes an external-cost charge for air pollution.
Any such derogations or exemptions shall be notified to the Commission.
Article 7ga
Member States shall apply that variation to the sub-groups of heavy-duty vehicles covered by Article 2(1), points (a) to (d), of Regulation (EU) 2019/1242, at the latest two years after the publication of the reference CO2 emissions for those vehicle sub-groups in the implementing acts adopted in accordance with Article 11(1) of that Regulation.
For CO2 emission classes 1, 4 and 5, referred to in paragraph 2 of this Article, that variation shall apply to the groups of heavy-duty vehicles not covered by Article 2(1), points (a) to (d), of Regulation (EU) 2019/1242, at the latest two years following the publication of the reference CO2 emissions in implementing acts adopted pursuant to paragraph 7 of this Article, for the relevant group. Where point 5.1 of Annex I to Regulation (EU) 2019/1242 is amended by a Union legislative act in such a way as to cover the reference CO2 emissions relevant for a group of heavy-duty vehicles, such reference CO2 emissions shall no longer be determined pursuant to paragraph 7 of this Article but in accordance with point 5.1 of Annex I to that Regulation.
Where emission reduction trajectories for groups of heavy-duty vehicles not covered by Article 2(1), points (a) to (d), of Regulation (EU) 2019/1242, are determined by a Union legislative act amending point 5.1 of Annex I to that Regulation, the variations for CO2 emission classes 2 and 3, as defined in paragraph 2 of this Article shall apply from the date of entry into force of the new emission reduction trajectories.
Without prejudice to the reduction of rates provided for in paragraph 3, Member States may provide for reduced rates of infrastructure or user charges, or exemptions to pay infrastructure or user charges for zero emission vehicles of any vehicle group from 24 March 2022 until 31 December 2025. From 1 January 2026, such reductions shall be limited to 75 % compared to the charge applicable to CO2 emission class 1, as defined in paragraph 2.
Without prejudice to paragraph 1, Member States shall establish for each type of heavy-duty vehicle the following CO2 emission classes:
CO2 emission class 1 – vehicles that do not belong to any of the CO2 emission classes referred to under points (b) to (e);
CO2 emission class 2 – vehicles of the vehicle sub-group sg registered for the first time in the reporting period of the year Y with CO2 emissions more than 5 % below the emission reduction trajectory for the reporting period of the year Y and the vehicle sub-group sg but not belonging to any of the CO2 emission classes referred to under points (c), (d) and (e);
CO2 emission class 3 – vehicles of the vehicle sub-group sg registered for the first time in the reporting period of the year Y with CO2 emissions more than 8 % below the emission reduction trajectory for the reporting period of the year Y and the vehicle sub-group sg not belonging to any of the CO2 emission classes referred to under points (d) and (e);
CO2 emission class 4 – low-emission heavy-duty vehicles;
CO2 emission class 5 – zero-emission vehicles.
Member States shall ensure that the classification of a vehicle belonging to CO2 emission class 2 or 3 is reassessed every six years after the date of its first registration and that, where relevant, the vehicle is reclassified in the relevant emission class on the basis of the thresholds applicable at that time. Reclassification shall, with regard to a user charge, take effect at the latest on its first day of validity on or after the day of that reclassification.
Without prejudice to paragraph 1, reduced charges shall apply to vehicles in CO2 emission classes 2, 3, and 4 and 5, as follows:
CO2 emission class 2 – 5 % to 15 % reduction compared to the charge applicable for CO2 emission class 1;
CO2 emission class 3 – 15 % to 30 % reduction compared to the charge applicable for CO2 emission class 1;
CO2 emission class 4 – 30 % to 50 % reduction compared to the charge applicable for CO2 emission class 1;
CO2 emission class 5 – 50 % to 75 % reduction compared to the charge applicable for CO2 emission class 1.
Where the infrastructure charge or the user charge is also varied according to the Euro emission class, the reductions referred to in the first subparagraph shall apply as compared to the charge applied to the strictest Euro emission standards.
Those implementing acts shall reproduce the data relevant for each vehicle groups published in the report referred to in Article 10 of Regulation (EU) 2018/956. The Commission shall adopt those implementing acts at the latest six months after the publication of the relevant report referred to in Article 10 of Regulation (EU) 2018/956.
Article 7gb
Without prejudice to paragraph 2 of this Article, lower rates of tolls and user charges shall apply for passenger cars, minibuses and light commercial vehicles that meet both of the following conditions:
their specific CO2 emissions, determined in accordance with Commission Regulation (EU) 2017/1151 ( 12 ), shall be zero or shall be below the following levels:
for the period 2021 to 2024, the EU fleet-wide targets2021 determined in accordance with Part A, point 6, and Part B, point 6, of Annex I to Regulation (EU) 2019/631 of the European Parliament and of the Council ( 13 );
for the period 2025 to 2029, the EU fleet-wide targets determined in accordance with Part A, point 6.1.1, and Part B, point 6.1.1, of Annex I to Regulation (EU) 2019/631;
for the period 2030 onwards, the EU fleet-wide targets determined in accordance with Part A, point 6.1.2, and Part B, point 6.1.2, of Annex I to Regulation (EU) 2019/631;
their pollutant emissions, determined in accordance with Regulation (EU) 2017/1151, shall be as specified in the Table of Annex VII to this Directive. Member States may apply the reduction for zero-emission vehicles referred to in Annex VII to this Directive without applying reductions for the other emissions performance categories referred to in that Annex.
Where Member States choose to apply different emission performance criteria or levels of reduction to those set out in paragraph 1, or choose to include different or additional criteria, they shall notify the Commission of their choices and justify them, at least six months before the introduction of any variation.
However, Member States may choose to apply reductions to zero-emission vehicles only, without applying any variation to other vehicles and without notifying the Commission.
Article 7h
At least six months before the implementation of a new or substantially amended infrastructure charge tolling arrangement, Member States shall send to the Commission:
for tolling arrangements other than those involving concession tolls:
for tolling arrangements involving concession tolls:
▼M9 —————
Article 7i
Member States may provide for discounts or reductions to the infrastructure charge on condition that:
the resulting charging structure is proportionate, made public 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;
such discounts or reductions reflect actual savings in administrative costs of the treatment of frequent users compared to occasional users;
reductions do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction.
Article 7j
Member States shall take the measures necessary to ensure that the road user can declare the emission class of the vehicle at least through electronic means before using the infrastructure. Member States may offer electronic and non-electronic means to enable the user to provide evidence in order to benefit from toll reductions or, where appropriate, in the event of a check. Member States may require that evidence supplied through electronic means is provided before the infrastructure is used.
Member States may take the measures necessary to ensure that the provision of evidence subsequent to the use of the infrastructure is accepted for 30 days or a longer period determined by the Member States after the use of the infrastructure and to ensure the reimbursement of any difference between the tolls or user charges applied and the toll or user charge corresponding to the emission class of the vehicle concerned that follows from evidence provided within the applicable time limit.
Article 7k
Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union, this Directive does not affect the freedom of Member States which introduce a system of tolls to provide for appropriate compensation.
Article 8
A common system shall be subject to the following conditions in addition to those in Article 7:
payment of the common user charge shall give access to the network as defined by the participating Member States in accordance with Article 7(1) and (2);
the common user-charge rates shall be set by the participating Member States at levels that are not higher than the maximum rates referred to in Article 7a;
other Member States may join the common system;
a scale shall be worked out by the participating Member States whereby each of them shall receive a fair share of the revenues accruing from the user charge.
Article 8a
Each Member State shall monitor the system of tolls and/or user charges to ensure that it functions in a transparent and non-discriminatory manner.
Article 8b
CHAPTER IV
Final provisions
Article 9
►M1This Directive shall not prevent the non-discriminatory application by Member States of:
specific taxes or charges:
parking fees and specific urban traffic charges.
This Directive shall not prevent Member States from applying:
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;
charges specifically designed to finance the construction, operation, maintenance and development of installations, embedded in or deployed along or over roads, providing energy to low- and zero-emission vehicles in motion and levied on such vehicles.
Those charges shall be applied on a non-discriminatory basis.
Member States shall determine the use of revenues generated by this Directive. To enable the transport network to be developed as a whole, revenues generated from infrastructure and external costs charges, or the equivalent in financial value of these revenues, should be used to benefit the transport sector, and optimise the entire transport system. In particular, revenues generated from external cost charges, or the equivalent in financial value of these revenues, should be used to make transport more sustainable, including one or more of the following:
facilitating efficient pricing;
reducing road transport pollution at source;
mitigating the effects of road transport pollution at source;
improving the CO2 and energy performance of vehicles;
developing alternative infrastructure for transport users and/or expanding current capacity;
supporting the trans-European transport network;
optimising logistics;
improving road safety; and
providing secure parking places.
▼M9 —————
Article 9a
Member States shall establish appropriate controls and determine the system of penalties applicable to infringements of the national provisions adopted under this Directive. They shall take all necessary measures to ensure that they are implemented. The penalties established shall be effective, proportionate and dissuasive.
Article 9b
The Commission shall facilitate dialogue and the exchange of technical know-how between Member States in relation to the implementation of this Directive and in particular the Annexes.
Article 9c
Article 9d
The Commission is empowered to adopt delegated acts in accordance with Article 9e to amend this Directive in respect of Annex 0, the formulas in points 4.1 and 4.2 of Annex IIIa, and the amounts indicated in the Tables of Annexes IIIb and IIIc in order to adapt them to scientific and technical progress.
Under the circumstances referred to in Article 7cb(4), the Commission shall adopt delegated acts in accordance with Article 9e, to amend this Directive in respect of the reference values of the external-cost charge for CO2 emissions set out in Annex IIIc, taking into account the effective carbon price applied to road transport fuels in the Union. Such amendments shall be limited to ensuring that the level of external-cost charges for CO2 emissions does not go beyond what is necessary to internalise those external costs.
Article 9e
▼M9 —————
Article 10
Article 10a
The amounts shall be updated automatically, by adapting the base amount in euros or cents by the percentage change in that index. The resulting amounts shall be rounded up to the nearest euro with regard to Annex II, rounded up to the nearest tenth of a cent with regard to Annexes IIIb and IIIc.
Article 11
The report made public pursuant to paragraph 1 shall include information on:
the evolution of charging for the use of road infrastructure, namely the networks and vehicle categories covered, including any exemption pursuant to Article 7, 7c or 7gb;
the variation of infrastructure charges or user charges according to the category of vehicle and the type of heavy-duty vehicle;
the variation of infrastructure charges or user charges according to the environmental performance of vehicles, pursuant to Article 7g, 7ga or 7gb;
where applicable, the variation of infrastructure charges according to the time of day, type of day, or season, pursuant to Article 7g(1);
the external-cost charge levied for each combination of class of vehicle, type of road and period of time;
the weighted average infrastructure charge and total revenue raised through the infrastructure charge;
the total revenue raised through external-cost charges;
the total revenue raised through congestion charges per category of vehicle;
the total revenue raised through mark-ups and on which road sections they were levied;
the total revenue raised through tolls or user charges, or, where applicable, both;
the use of revenues generated by applying this Directive, and how this use has allowed the Member State to meet the goals referred to in Article 9(2), or, where such revenues are allocated to the general budget, information on the level of expenditure allocated to road transport infrastructure and sustainable transport projects; and
the evolution of the share vehicles belonging to the various emission classes on tolled roads.
Member States making that information publicly available online may decide not to draw up the report.
Article 12
When Member States adopt such measures, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such a reference shall be adopted by Member States.
Article 13
This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.
Article 14
This Directive is addressed to the Member States.
ANNEX 0
EMISSION LIMITS
1. ‘EURO 0’ vehicle
Mass of carbon monoxide (CO) g/kWh |
Mass of hydrocarbons (HC) g/kWh |
Mass of nitrogen oxides (NOx) g/kWh |
12,3 |
2,6 |
15,8 |
2. ‘EURO I’/‘EURO II’ vehicles
|
Mass of carbon monoxide (CO) g/kWh |
Mass of hydrocarbons (HC) g/kWh |
Mass of nitrogen oxides (NOx) g/kWh |
Mass of particulates (PT) g/kWh |
‘EURO I’ vehicle |
4,9 |
1,23 |
9,0 |
0,4 (1) |
‘EURO II’ vehicle |
4,0 |
1,1 |
7,0 |
0,15 |
(1)
A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85 kW or less. |
3. ‘EURO III’/‘EURO IV’/‘EURO V’/‘EEV’ vehicles
The specific masses of carbon monoxide, total hydrocarbons, nitrogen oxides and particulates, determined by the ESC test and the exhaust gas opacity, determined by the ELR test, must not exceed the following values (1): |
|||||
|
Mass of carbon monoxides (CO) g/kWh |
Mass of hydrocarbons (HC) g/kWh |
Mass of nitrogen oxides (NOx) g/kWh |
Mass of particulates (PT) g/kWh |
Exhaust gas m-1 |
‘EURO III’ vehicle |
2,1 |
0,66 |
5,0 |
0,10 (2) |
0,8 |
‘EURO IV’ vehicle |
1,5 |
0,46 |
3,5 |
0,02 |
0,5 |
‘EURO V’ vehicle |
1,5 |
0,46 |
2,0 |
0,02 |
0,5 |
‘EEV’ vehicle |
1,5 |
0,25 |
2,0 |
0,02 |
0,15 |
(1)
A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine must respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).
(2)
0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3 000 min-1. |
Euro VI Emission Limits
|
Limit values |
|||||||
CO (mg/kWh) |
THC (mg/kWh) |
NMHC (mg/kWh) |
CH4 (mg/kWh) |
NOX (1) (mg/kWh) |
NH3 (ppm) |
PM mass (mg/kWh) |
PM number (#/kWh) |
|
WHSC (CI) |
1 500 |
130 |
|
|
400 |
10 |
10 |
8,0 x 1011 |
WHTC (CI) |
4 000 |
160 |
|
|
460 |
10 |
10 |
6,0 x 1011 |
WHTC (PI) |
4 000 |
|
160 |
500 |
460 |
10 |
10 |
6,0 x 1011 |
Note: PI = Positive Ignition. CI = Compression Ignition. (1) The admissible level of NO2 component in the NOx limit value may be defined at a later stage. |
4. Future emission classes of vehicles as defined in Directive 88/77/EEC and subsequent amendments may be considered.
ANNEX I
MINIMUM RATES OF TAX TO BE APPLIED TO VEHICLES
Moteur vehicles
Number of axles and maximum permissible gross laden weight (in tonnes) |
Minimum rate of tax (in euro/year) |
||
Not less than |
Less than |
Driving axle(s) with air suspension or recognised equivalent (1) |
Other driving axle(s) suspension systems |
Two axles |
|||
12 |
13 |
0 |
31 |
13 |
14 |
31 |
86 |
14 |
15 |
86 |
121 |
15 |
18 |
121 |
274 |
Three axles |
|||
15 |
17 |
31 |
54 |
17 |
19 |
54 |
111 |
19 |
21 |
111 |
144 |
21 |
23 |
144 |
222 |
23 |
25 |
222 |
345 |
25 |
26 |
222 |
345 |
Four axles |
|||
23 |
25 |
144 |
146 |
25 |
27 |
146 |
228 |
27 |
29 |
228 |
362 |
29 |
31 |
362 |
537 |
31 |
32 |
362 |
537 |
(1)
Suspension recognised as equivalent in accordance with the definition in Annexe II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). |
VEHICLE COMBINATIONS (ARTICULATED VEHICLES AND ROAD TRAINS)
Number of axles and maximum permissible gross laden weight (in tonnes) |
Minimum rate of tax (in euro/year) |
||
Not less than |
Less than |
Driving axle(s) with air suspension or recognised equivalent (1) |
Other driving axle(s) suspension systems |
2 + 1 axles |
|||
12 |
14 |
0 |
0 |
14 |
16 |
0 |
0 |
16 |
18 |
0 |
14 |
18 |
20 |
14 |
32 |
20 |
22 |
32 |
75 |
22 |
23 |
75 |
97 |
23 |
25 |
97 |
175 |
25 |
28 |
175 |
307 |
2 + 2 axles |
|||
23 |
25 |
30 |
70 |
25 |
26 |
70 |
115 |
26 |
28 |
115 |
169 |
28 |
29 |
169 |
204 |
29 |
31 |
204 |
335 |
31 |
33 |
335 |
465 |
33 |
36 |
465 |
706 |
36 |
38 |
465 |
706 |
2 + 3 axles |
|||
36 |
38 |
370 |
515 |
38 |
40 |
515 |
700 |
3 + 2 axles |
|||
36 |
38 |
327 |
454 |
38 |
40 |
454 |
628 |
40 |
44 |
628 |
929 |
3 + 3 axles |
|||
36 |
38 |
186 |
225 |
38 |
40 |
225 |
336 |
40 |
44 |
336 |
535 |
(1)
Suspension recognised as equivalent in accordance with the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). |
ANNEX II
MAXIMUM AMOUNTS IN EURO OF USER CHARGES, INCLUDING ADMINISTRATIVE COSTS, REFERRED TO IN ARTICLE 7a(2)
Annual
|
maximum three axles |
minimum four axles |
Euro 0 |
1 899 |
3 185 |
Euro I |
1 651 |
2 757 |
Euro II |
1 428 |
2 394 |
Euro III |
1 242 |
2 073 |
Euro IV |
1 081 |
1 803 |
Euro V |
940 |
1 567 |
Euro VI |
855 |
1 425 |
Monthly weekly and daily
Maximum monthly weekly and daily rates are in proportion to the duration of the use made of the infrastructure.
ANNEX III
CORE PRINCIPLES FOR THE ALLOCATION OF COSTS AND CALCULATION OF TOLLS
This Annex stipulates the core principles for the calculation of weighted average 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(2), 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.
The application of these principles shall be fully consistent with other existing obligations under ►M3 Union ◄ law, in particular the requirement for concession contracts to be awarded in accordance with Directive 2004/18/EC and other ►M3 Union ◄ instruments in the field of public procurement.
Where a Member State engages in negotiations with one or more third parties with a view to establishing a concession contract regarding the construction or operation of a part of its infrastructure, or in view of this purpose engages in a similar arrangement based on national legislation or an agreement entered into by the government of a Member State, compliance with these principles shall be judged on the basis of the outcome of these negotiations.
1. Definition of the network and of vehicles covered
2. Infrastructure costs
2.1. Investment costs
2.2. Annual maintenance costs and structural repair costs
3. Operating, management and tolling costs
These costs shall include all costs incurred by the infrastructure operator which are not covered under Section 2 and which relate to the implementation, operation and management of the infrastructure and of the tolling system. They shall include in particular:
The costs may include a return on capital or profit margin reflecting the degree of risk transferred.
Such costs shall be apportioned on a fair and transparent basis between all vehicle classes that are subject to the tolling system.
4. Share of heavy-duty vehicle traffic, equivalence factors and correction mechanism
Vehicle class (1) |
Equivalence factors |
||
Structural repair (2) |
Investments |
Annual maintenance |
|
Between 3,5 t and 7,5 t, Class 0 |
1 |
1 |
1 |
> 7,5 t, Class I |
1,96 |
1 |
1 |
> 7,5 t, Class II |
3,47 |
1 |
1 |
> 7,5 t, Class III |
5,72 |
1 |
1 |
(1)
See Annex IV for the determination of the vehicle class.
(2)
The vehicle classes correspond to axle weights of 5,5, 6,5, 7,5 and 8,5 tonnes respectively. |
ANNEX IIIa
MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL-COST CHARGE
This Annex sets out the minimum requirements for levying an external-cost charge and, where applicable, for calculating the maximum external-cost charge.
1. The parts of the road network concerned
The Member State shall specify precisely the part or parts of their road network which are to be subject to an external-cost charge.
Where a Member State intends to levy an external-cost charge on only a part or parts of the road network composed of its share in the trans-European road network and of its motorways, the part or parts shall be chosen after an assessment establishing that the imposition of an external-cost charge on other parts of the road network thus composed might have adverse effects on the environment, public health or road safety.
From 25 March 2026, a Member State that intends not to levy an external-cost charge for air pollution on specific sections of its tolled road network, shall also choose those specific sections on the basis of such an assessment.
2. The vehicles, roads and time period covered
Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb or IIIc, it shall notify the Commission of the classification of vehicles according to which the external-cost charge shall vary. Where applicable, it shall notify the Commission of the location of roads subject to higher external-cost charges (‘suburban roads (including motorways)’), and of roads subject to lower external-cost charges (‘interurban roads (including motorways)’).
Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period during which a higher external noise-cost charge may be imposed to reflect greater noise nuisances.
The classification of roads as suburban roads (including motorways) and interurban roads (including 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 pollution, such as: population density, the annual mean air pollution (in particular for PM10 and NO2) and the number of days (for PM10) and hours (NO2) on which limit values established under Directive 2008/50/EC are exceeded. The criteria used shall be included in the notification.
3. Amount of the charge
This section shall apply where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb or IIIc.
For each vehicle class, type of road and time period, as applicable, the Member State or, where appropriate, an independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, made public and available to all users on equal terms. The publication should occur in a timely manner before implementation. All parameters, data and other information necessary to understand how the various external-cost elements are calculated shall be made public.
When setting the charges, the Member State or, where 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 after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.
The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport. Every two years, it shall adjust, where 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 supply and demand.
4. External-cost elements
4.1. Cost of traffic-based air pollution
Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, that Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost of traffic-based air pollution by applying the following formula:
where:
— PCVij |
= |
air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre) |
— EFik |
= |
emission factor of pollutant k and vehicle class i (gram/vehicle.kilometre) |
— PCjk |
= |
monetary cost of pollutant k for type of road j (euro/gram) |
The emission factors shall be the same as those used by the Member State to establish the national emissions inventories provided for in Directive (EU) 2016/2284 of the European Parliament and of the Council ( 20 ) (which requires use of the EMEP/EEA air pollutant emission inventory guidebook ( 21 )). The monetary cost of pollutants shall be estimated by the Member State, or, where appropriate, the independent authority referred to in Article 7c(2) of this Directive, using scientifically proven methods.
The Member State, or, where 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.
4.2. Cost of traffic-based noise pollution
Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, the Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost of traffic-based noise pollution by applying the following formulae:
NCVj (day) = a × NCVj
NCVj (night) = b × NCVj
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) |
— a and b |
= |
are weighting factors determined by the Member State in such a way that the resulting weighted average noise charge per vehicle kilometre corresponds to NCVj (daily). |
The traffic-based noise pollution relates to the impact of noise on health of citizens around the road.
The population exposed to noise level k shall be taken from the strategic noise maps drafted under Article 7 of Directive 2002/49/EC of the European Parliament and the Council ( 22 ), or other equivalent data source.
The cost per person exposed to noise level k shall be estimated by the Member State or, where appropriate, an independent authority, using scientifically proven methods.
The weighted average daily traffic shall assume an equivalence factor "e" between heavy goods vehicles and passenger cars derived on the basis of the noise emission levels of the average car and of the average heavy goods vehicle and considering the Regulation (EU) No 540/2014 of the European Parliament and of the Council ( 23 ).
The Member State, or, where appropriate, an independent authority, may establish differentiated noise charges to reward the use of quieter vehicles provided it does not result in discrimination against foreign vehicles.
4.3. Cost of traffic-based CO2 emissions
Where a Member State intends to apply an external-cost charge for CO2 emissions higher than the reference values set out in Annex IIIc, that Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost based on scientific evidence using the avoidance cost approach, taking into account and explaining, in particular, the following aspects:
the choice of emission target level;
estimation of options for mitigation;
estimation of baseline scenario;
risk and loss aversion;
equity weighting.
At least six months before the implementation of such an external-cost charge for CO2 emissions, the Member State shall notify the Commission.
ANNEX IIIb
REFERENCE VALUES OF THE EXTERNAL-COST CHARGE
This Annex sets out reference values of the external-cost charge, including the cost of air pollution and noise.
Table 1
Reference values of the external-cost charge for heavy goods vehicles
Vehicle class |
cent/vehicle-kilometre |
Suburban (1) |
Interurban (2) |
Heavy goods vehicle having a technically permissible maximum laden mass of less than 12 tonnes or having two axles |
Euro 0 |
18,6 |
9,9 |
Euro I |
12,6 |
6,4 |
|
Euro II |
12,5 |
6,3 |
|
Euro III |
9,6 |
4,8 |
|
Euro IV |
7,3 |
3,4 |
|
Euro V |
4,4 |
1,8 |
|
Euro VI |
2,3 |
0,5 |
|
Less polluting than Euro VI, including zero-emission vehicles |
2,0 |
0,3 |
|
Heavy goods vehicle having a technically permissible maximum laden mass between 12 and 18 tonnes or having three axles |
Euro 0 |
24,6 |
13,7 |
Euro I |
15,8 |
8,4 |
|
Euro II |
15,8 |
8,4 |
|
Euro III |
12,5 |
6,6 |
|
Euro IV |
9,2 |
4,5 |
|
Euro V |
5,6 |
2,7 |
|
Euro VI |
2,8 |
0,7 |
|
Less polluting than Euro VI, including zero-emission vehicles |
2,3 |
0,3 |
|
Heavy goods vehicle having a technically permissible maximum laden mass between 18 and 32 tonnes or having four axles |
Euro 0 |
27,8 |
15,8 |
Euro I |
20,4 |
11,3 |
|
Euro II |
20,4 |
11,2 |
|
Euro III |
16,3 |
8,9 |
|
Euro IV |
11,8 |
6,0 |
|
Euro V |
6,6 |
3,4 |
|
Euro VI |
3,1 |
0,8 |
|
Less polluting than Euro VI, including zero-emission vehicles |
2,5 |
0,3 |
|
Heavy goods vehicle having a technically permissible maximum laden mass above 32 tonnes or having 5 or more axles |
Euro 0 |
33,5 |
19,4 |
Euro I |
25,0 |
14,1 |
|
Euro II |
24,9 |
13,9 |
|
Euro III |
20,1 |
11,1 |
|
Euro IV |
14,2 |
7,5 |
|
Euro V |
7,6 |
3,8 |
|
Euro VI |
3,4 |
0,8 |
|
Less polluting than Euro VI, including zero-emission vehicles |
2,8 |
0,3 |
|
(1)
‘Suburban’ means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).
(2)
‘Interurban’ means areas with a population density below150 inhabitants/km2. |
The values of Table 1 may be multiplied by a factor of up to 2 in mountain areas and around agglomerations to the extent that it is justified by lower dispersion, the gradient of roads, altitude or temperature inversions. If there is scientific evidence for a higher mountain or agglomeration factor, this reference value can be increased based on a detailed justification.
ANNEX IIIc
REFERENCE VALUES OF THE EXTERNAL-COST CHARGE FOR CO2 EMISSIONS
This Annex sets out reference values of the external-cost charge taking into account the cost of CO2 emissions.
Table 1
Reference values of the external-cost charge for CO2 emissions for heavy goods vehicles
Vehicle class |
|
cent/vehicle-kilometre |
Interurban roads (including motorways) |
Heavy goods vehicle having a technically permissible maximum laden mass of less than 12 tonnes or having two axles |
CO2 emission class 1 |
Euro 0 |
4,5 |
Euro I Euro II Euro III Euro IV Euro V Euro VI |
4,0 |
||
CO2 emission class 2 |
3,8 |
||
CO2 emission class 3 |
3,6 |
||
Low-emission vehicle |
2,0 |
||
Zero-emission vehicle |
0 |
||
Heavy goods vehicle having a technically permissible maximum laden mass between 12 and 18 tonnes or having three axles |
CO2 emission class 1 |
Euro 0 |
6,0 |
Euro I Euro II Euro III |
5,2 |
||
Euro IV Euro V Euro VI |
5,0 |
||
CO2 emission class 2 |
4,8 |
||
CO2 emission class 3 |
4,5 |
||
Low-emission vehicle |
2,5 |
||
Zero-emission vehicle |
0 |
||
Heavy goods vehicle having technically permissible maximum laden mass between 18 and 32 tonnes or having four axles |
CO2 emission class 1 |
Euro 0 |
7,9 |
Euro I |
6,9 |
||
Euro II |
|||
Euro III |
|||
Euro IV |
6,7 |
||
Euro V |
|||
Euro VI |
|||
CO2 emission class 2 |
6,4 |
||
CO2 emission class 3 |
6,0 |
||
Low-emission vehicle |
3,4 |
||
Zero-emission vehicle |
0 |
||
Heavy goods vehicle having a technically permissible maximum laden mass above 32 tonnes or having 5 or more axles |
CO2 emission class 1 |
Euro 0 |
9,1 |
Euro I |
8,1 |
||
Euro II |
|||
Euro III |
|||
Euro IV |
8,0 |
||
Euro V |
|||
Euro VI |
|||
CO2 emission class 2 |
7,6 |
||
CO2 emission class 3 |
7,2 |
||
Low-emission vehicle |
4,0 |
||
Zero-emission vehicle |
0 |
ANNEX IV
INDICATIVE VEHICLE CLASS DETERMINATION
The vehicle classes are defined by the table below.
Vehicles are classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending order (Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially with the increase in axle weight.
All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7,5 tonnes belong to damage class 0.
Motor vehicles
Driving axles with air suspension or recognised equivalent (1) |
Other driving axle suspension systems |
Damage class |
||
Number of axles and maximum permissible gross laden weight (in tonnes) |
Number of axles and maximum permissible gross laden weight (in tonnes) |
|
||
Not less than |
Less than |
Not less than |
Less than |
|
Two axles |
|
|||
7,5 12 13 14 15 |
12 13 14 15 18 |
7,5 12 13 14 15 |
12 13 14 15 18 |
I |
Three axles |
|
|||
15 17 19 21 23 25 |
17 19 21 23 25 26 |
15 17 19 21 |
17 19 21 23 |
|
|
|
23 25 |
25 26 |
II |
Four axles |
|
|||
23 25 27 |
25 27 29 |
23 25 |
25 27 |
I |
|
|
27 29 31 |
29 31 32 |
II |
29 31 |
31 32 |
|
|
|
(1)
Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive as last amended by Directive 2002/7/EC of the European Parliament and of the Council (OJ L 67, 9.3.2002, p. 47). |
Vehicle combinations (articulated vehicles and road trains)
Driving axles with air suspension or recognised as equivalent |
Other driving axle suspension systems |
Damage class |
||
Number of axles and technically permissible maximum laden mass (in tonnes) |
Number of axles and technically permissible maximum laden mass (in tonnes) |
|
||
Not less than |
Less than |
Not less than |
Less than |
|
2 + 1 axles |
|
|||
7,5 12 14 16 18 20 22 23 25 |
12 14 16 18 20 22 23 25 28 |
7,5 12 14 16 18 20 22 23 25 |
12 14 16 18 20 22 23 25 28 |
I |
2 + 2 axles |
|
|||
23 25 26 28 |
25 26 28 29 |
23 25 26 28 |
25 26 28 29 |
|
29 |
31 |
29 |
31 |
II |
31 |
33 |
31 |
33 |
|
33 36 |
36 38 |
33 |
36 |
III |
2 + 3 axles |
II |
|||
36 38 |
38 40 |
36 |
38 |
|
|
|
38 |
40 |
III |
2 + 4 axles |
II |
|||
36 38 |
38 40 |
36 |
38 |
|
|
|
38 |
40 |
III |
3 + 1 axles |
II |
|||
30 32 |
32 35 |
30 |
32 |
|
|
|
32 |
35 |
III |
3 + 2 axles |
II |
|||
36 38 |
38 40 |
36 |
38 |
|
|
|
38 40 |
40 44 |
III |
40 |
44 |
|
|
|
3 + 3 axles |
|
|||
36 38 |
38 40 |
36 |
38 |
I |
|
|
38 |
40 |
II |
40 |
44 |
40 |
44 |
|
7 axles |
||||
40 |
50 |
40 |
50 |
II |
50 |
60 |
50 |
60 |
III |
60 |
|
60 |
|
|
At least 8 axles |
||||
40 |
50 |
40 |
50 |
I |
50 |
60 |
50 |
60 |
II |
60 |
60 |
III |
ANNEX V
MINIMUM REQUIREMENTS FOR LEVYING A CONGESTION CHARGE
This Annex sets out the minimum requirements for levying a congestion charge.
1. The parts of the network subject to congestion charging, vehicles and time periods covered
Member States shall specify precisely:
the part or parts of their network composed of their share in the trans-European road network and their motorways referred to in Article 7(1), which are to be subject to a congestion charge, in accordance with Article 7da(1) and (3).
the classification of sections of the network which are subject to the congestion charge as ‘metropolitan’ and ‘non-metropolitan’. Member States shall use the criteria set out in Table 1 for the purposes of determining the classification of each road segment.
Table 1
Criteria for classifying roads on the network referred to in points (a) as ‘metropolitan’ and ‘non-metropolitan’
Road category |
Classification criterion |
‘metropolitan’ |
Sections of the network running inside agglomerations with a population of 250 000 inhabitants or more |
‘non-metropolitan’ |
Sections of the network which are not qualified as ‘metropolitan’ |
the periods during which the charge applies, for each individual segment. Where different charge levels apply throughout the charging period, Member States shall clearly specify the beginning and the end of each period during which a specific charge is applied.
Member States shall use the equivalence factors provided in Table 2 for the purpose of establishing the proportion between charge levels for different vehicle categories:
Table 2
Equivalence factors for establishing the proportion between congestion charge levels for different vehicle categories
Vehicle category |
Equivalence factor |
Light-duty vehicles |
1 |
Rigid heavy goods vehicles |
1,9 |
Coaches and buses |
2,5 |
Articulated heavy goods vehicles |
2,9 |
2. Amount of the charge
For each vehicle category, road segment and time period, the Member State or, where appropriate, an independent authority shall determine a single specific amount, set in accordance with the provisions of Section 1 of this Annex, taking into account the corresponding reference value set out in the Table of Annex VI. The resulting charging structure shall be transparent, made public and available to all users on equal terms.
Before implementing a congestion charge, the Member State shall publish in a timely manner all of the following:
all parameters, data and other information necessary to understand how the classification of roads and vehicles and determination of periods of application of the charge are established;
the complete description of congestion charges applying to each vehicle category on each road segment and for each time period.
Member States shall make available to the Commission all information to be published pursuant to points (a) and (b).
The charge shall be set only after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.
Where a Member State intends to apply higher congestion charges than the reference values set out in the Table of Annex VI, it shall notify the Commission of the following:
the location of roads subject to congestions charges;
the classification of roads as ‘metropolitan’ and ‘non-metropolitan’, as specified under point (b) of Section 1;
the periods during which the charge applies, as specified under point (c) of Section 1;
any partial or full exemption applied to minibuses, buses and coaches.
3. Monitoring
The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing congestion. It shall adjust every three years, where appropriate, the charging structure, charging period(s) and the specific amount of the charge set for each given category of vehicle, type of road and period to the changes in transport supply and demand.
ANNEX VI
REFERENCE VALUES OF CONGESTION CHARGE
This Annex sets out the reference values of congestion charge.
The reference values provided for in the Table below shall be applied to light-duty vehicles. Congestion charge for other vehicle categories shall be established by multiplying the charge applied to light-duty vehicles by the equivalence factors provided in the Table of Annex V.
Table
Reference values of congestion charge for light-duty vehicles
cent/vehicle-kilometre |
Metropolitan |
Non-metropolitan |
Motorways |
25,9 |
23,7 |
Main roads |
61,0 |
41,5 |
ANNEX VII
EMISSION PERFORMANCE
This Annex specifies the emission performance for pollutants according to which tolls and user charges shall be differentiated in accordance with Article 7gb(1), point (b).
Table
Emission performance criteria for pollutants for light-duty vehicles
Toll and user charge |
5-15 % below highest rate |
15-25 % below highest rate |
25-35 % below highest rate |
Up to 75 % below highest rate |
Emission performance |
Euro-6d-temp-x (1) |
Euro-6d-x (1) |
Declared maximum RDE values for pollutant emissions (2) < 80 % of the applicable emission limits |
Zero-emission vehicles |
(1)
where x may be empty or be one of the following (EVAP, EVAP-ISC, ISC or ISC-FCM)
(2)
for both NOx and PN as reported in point 48.2 of the Certificate of Conformity, in the Appendix to Annex VIII to Commission Implementing Regulation (EU) 2020/683 (*1).
(*1)
Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L 163, 26.5.2020, p. 1). |
( 1 ) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network (OJ L 348 20.12.2013, p. 1.).
( 2 ) Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers and repealing Directive 2009/40/EC (OJ L 127, 29.4.2014, p. 51).
( 3 ) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
( 4 ) Commission Regulation (EU) 2017/2400 of 12 December 2017 implementing Regulation (EC) No 595/2009 of the European Parliament and of the Council as regards the determination of the CO2 emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council and Commission Regulation (EU) No 582/2011 (OJ L 349, 29.12.2017, p. 1).
( 5 ) Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles and amending Regulations (EC) No 595/2009 and (EU) No 2018/956 of the European Parliament and of the Council and Council Directive 96/53/EC (OJ L 198, 25.7.2019, p. 202).
( 6 ) Regulation (EU) 2018/956 of the European Parliament and of the Council of 28 June 2018 on the monitoring and reporting of CO2 emissions from and fuel consumption of new heavy-duty vehicles (OJ L 173, 9.7.2018, p. 1).
( 7 ) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1.).
( 8 ) OJ L 368, 17.12.1992, p. 38.
( 9 ) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1.).
( 10 ) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
( 11 ) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ L 283, 31.10.2003, p. 51).
( 12 ) Commission Regulation (EU) 2017/1151 of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008 (OJ L 175, 7.7.2017, p. 1).
( 13 ) Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2 emission performance standards for new passenger cars and new light commercial vehicles, and repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13).
( 14 ) OJ L 134, 30.4.2004, p. 114.
( 15 ) OJ L 166, 30.4.2004, p. 124.
( 16 ) Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (OJ L 91, 29.3.2019, p. 45).
( 17 ) OJ L 55, 28.2.2011, p. 13.
( 18 ) OJ L 123, 12.5.2016, p. 1.
( 19 ) The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using a long life cycle approach.
( 20 ) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).
( 21 ) Methodology of the European Environmental Agency: EMEP/EEA air pollutant emission inventory guidebook 2019 – Technical guidance to prepare national emission inventories (http://www.eea.europa.eu//publications/emep-eea-guidebook-2019).
( 22 ) Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).
( 23 ) Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).