02019L0520 — EN — 24.03.2022 — 001.001
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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 (recast) (OJ L 091 29.3.2019, p. 45) |
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DIRECTIVE (EU) 2022/362 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 February 2022 |
L 69 |
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4.3.2022 |
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
(recast)
(Text with EEA relevance)
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
This Directive lays down the conditions necessary for the following purposes:
to ensure the interoperability of electronic road toll systems on the entire Union road network, urban and interurban motorways, major and minor roads, and various structures, such as tunnels or bridges, and ferries; and
to facilitate the cross-border exchange of vehicle registration data regarding the vehicles and the owners or holders of vehicles for which there was a failure to pay road fees of any kind in the Union.
In order to respect the principle of subsidiarity, this Directive shall apply without prejudice to the decisions taken by Member States to levy road fees on particular types of vehicles, and to determine the level of those fees and the purpose for which such fees are levied.
Articles 3 to 22 do not apply to:
road toll systems which are not electronic within the meaning of point 10 of Article 2; and
small, strictly local road toll systems for which the costs of compliance with the requirements of Articles 3 to 22 would be disproportionate to the benefits.
Where the national law requires a notification to the user of the obligation to pay before a failure to pay a road fee can be established, Member States may also apply this Directive to identify the owner or the holder of the vehicle and the vehicle itself for notification purposes, only if all the following conditions are fulfilled:
there are no other means to identify the owner or holder of the vehicle; and
the notification to the owner or holder of the vehicle of the obligation to pay is a compulsory stage of the road fee payment procedure under national law.
Article 2
Definitions
For the purposes of this Directive, the following definitions shall apply:
‘toll service’ means the service that enables users to use a vehicle in one or more EETS domains under a single contract and, where necessary, with one piece of on-board equipment (OBE), and which includes:
where necessary, providing a customised OBE to users and maintaining its functionality;
guaranteeing that the toll charger is paid the toll due by the user;
providing to the user the means by which the payment is to be made or accepting an existing one;
collecting the toll from the user;
managing customer relations with the user; and
implementing and adhering to the security and privacy policies for the road toll systems;
‘toll service provider’ means a legal entity providing toll services on one or more EETS domains for one or more classes of vehicles;
‘toll charger’ means a public or private entity which levies tolls for the circulation of vehicles in an EETS domain;
‘designated toll charger’ means a public or private entity which has been appointed as the toll charger in a future EETS domain;
‘European Electronic Toll Service (EETS)’ means the toll service provided under a contract on one or more EETS domains by an EETS provider to an EETS user;
‘EETS provider’ means an entity which, under a separate contract, grants access to EETS to an EETS user, transfers the tolls to the relevant toll charger, and which is registered by its Member State of establishment;
‘EETS user’ means a natural or legal person who has a contract with an EETS provider in order to have access to the EETS;
‘EETS domain’ means a road, a road network, a structure, such as a bridge or a tunnel, or a ferry, where tolls are collected using an electronic road toll system;
‘EETS compliant system’ means the set of elements of an electronic road toll system which are specifically needed for the integration of EETS providers in the system and for the operation of EETS;
‘electronic road toll system’ means a toll collection system in which the obligation, for the user, to pay the toll is exclusively triggered by and linked to the automatic detection of the presence of the vehicle in a certain location through remote communication with OBE in the vehicle or automatic number plate recognition;
‘on-board equipment (OBE)’, means the complete set of hardware and software components to be used as part of the toll service which is installed or carried on board a vehicle in order to collect, store, process and remotely receive/transmit data, either as a separate device or embedded in the vehicle;
‘main service provider’ means a toll service provider with specific obligations, such as the obligation to sign contracts with all interested users, or specific rights, such as specific remuneration or a guaranteed long term contract, different from the rights and obligations of other service providers;
‘interoperability constituent’ means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into EETS upon which the interoperability of the service depends directly or indirectly, including both tangible objects and intangible objects such as software;
‘suitability for use’ means the ability of an interoperability constituent to achieve and maintain a specified performance when in service, integrated representatively into EETS in relation with a toll charger's system;
‘toll context data’ means the information defined by the responsible toll charger as necessary to establish the toll due for circulating a vehicle on a particular toll domain and conclude the toll transaction;
‘toll declaration’ means a statement to a toll charger that confirms the presence of a vehicle in an EETS domain in a format agreed between the toll service provider and the toll charger;
‘vehicle classification parameters’ means the vehicle related information in accordance with which tolls are calculated based on the toll context data;
‘back office’ means the central electronic system used by the toll charger, a group of toll chargers who have created an interoperability hub, or by the EETS provider to collect, process and send information in the framework of an electronic road toll system;
‘substantially modified system’ means an existing electronic road toll system that has undergone or undergoes a change which requires EETS providers to make modifications to the interoperability constituents that are in operation, such as reprogramming or adapting the interfaces of their back office, to such an extent that re-accreditation is required;
‘accreditation’ means the process defined and managed by the toll charger, which an EETS provider must undergo before it is authorised to provide the EETS in an EETS domain;
‘toll’ or ‘road fee’ means the fee which must be paid by the road user for circulating on a given road, a road network, a structure, such as a bridge or a tunnel, or a ferry;
‘failure to pay a road fee’ means the offence consisting of the failure by a road user to pay a road fee in a Member State, defined by the relevant national provisions of that Member State;
‘Member State of registration’ means the Member State where the vehicle which is subject to the payment of the road fee is registered;
‘national contact point’ means a designated competent authority of a Member State for the cross-border exchange of vehicle registration data;
‘automated search’ means an online access procedure for consulting the databases of one, more than one, or all of the Member States;
‘vehicle’ means a motor vehicle, or articulated vehicle combination intended or used for the carriage by road of passengers or goods;
‘holder of the vehicle’ means the person in whose name the vehicle is registered, as defined in the law of the Member State of registration;
‘heavy-duty vehicle’ means a vehicle having a maximum permissible mass exceeding 3,5 tonnes;
‘light-duty vehicle’ means a vehicle having a maximum permissible mass not exceeding 3,5 tonnes.
Article 3
Technological solutions
All new electronic road toll systems which require the installation or use of OBE shall, for carrying out electronic toll transactions, use one or more of the following technologies:
satellite positioning;
mobile communications;
5,8 GHz microwave technology.
Existing electronic road toll systems which require the installation or use of OBE and use other technologies shall comply with the requirements set out in the first subparagraph of this paragraph if substantial technological improvements are carried out.
EETS OBE is allowed to facilitate services other than tolling, provided that the operation of such services does not interfere with the toll services in any EETS domain.
CHAPTER II
GENERAL PRINCIPLES OF EETS
Article 4
Registration of EETS providers
Each Member State shall establish a procedure for registering EETS providers. It shall grant the registration to entities which are established on its territory, which request registration and which can demonstrate that they fulfil the following requirements:
hold EN ISO 9001 certification or equivalent;
have the technical equipment and the EC declaration or certificate attesting the conformity of the interoperability constituents to specifications;
have competence in the provision of electronic toll services or in other relevant domains;
have appropriate financial standing;
maintain a global risk management plan, which is audited at least every two years; and
are of good repute.
Article 5
Rights and obligations of EETS providers
Member States shall take the measures necessary to ensure that the toll charger does not disclose such data to any other toll service provider. They shall take the measures necessary to ensure that, where the toll charger is integrated with a toll service provider in one entity, the data are used for the sole purpose of identifying suspected offenders, or in accordance with Article 27(3).
The Commission shall adopt implementing acts, at the latest by 19 October 2019, to further define the obligations of the EETS providers regarding:
monitoring the performance of their service level, and cooperation with toll chargers in verification audits;
cooperation with toll chargers in the performance of toll chargers' systems' tests;
service and technical support to EETS users and personalisation of OBE;
the invoicing of EETS users;
the information which EETS providers must provide to toll chargers and which is referred to in paragraph 7; and
informing the EETS user of a detected toll non-declaration situation.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).
Article 6
Rights and obligations of toll chargers
Where a new electronic road toll system is created on the territory of a Member State, that Member State shall take the measures necessary to ensure that the designated toll charger responsible for the system publishes the EETS domain statement with sufficient notice to allow for an accreditation of interested EETS providers at the latest one month before the operational launch of the new system, with due regard to the length of the process of assessment of conformity to specifications and of the suitability for use of interoperability constituents referred to in Article 15(1).
Where an electronic road toll system on the territory of a Member State is substantially modified, that Member State shall take the measures necessary to ensure that the toll charger responsible for the system publishes the updated EETS domain statement with sufficient notice to allow already accredited EETS providers to adapt their interoperability constituents to the new requirements and to obtain re-accreditation at the latest one month before the operational launch of the modified system, giving due regard to the length of the process of assessment of the conformity to specifications and of the suitability for use of interoperability constituents referred to in Article 15(1).
Acceptance of an EETS provider in a EETS domain shall be subject to the provider's compliance with the obligations and general conditions set out in the EETS domain statement.
Member States shall take the measures necessary to ensure that toll chargers do not require EETS providers to use specific technical solutions, or processes, that hinder the interoperability of an EETS provider's interoperability constituents with electronic road toll systems in other EETS domains.
If a toll charger and an EETS provider cannot reach an agreement, the matter may be referred to the Conciliation Body responsible for the relevant toll domain.
The toll charger may require that the EETS provider invoices the user in the name and on behalf of the toll charger, and the EETS provider shall comply with that request.
The Commission shall adopt implementing acts, at the latest by 19 October 2019, to lay down the minimum content of the EETS domain statement, including:
the requirements for EETS providers;
the procedural conditions, including commercial conditions;
the procedure of accreditation of EETS providers; and
the toll context data.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).
Article 7
Remuneration
Member States shall take the measures necessary to ensure that in EETS domains with a main service provider, the methodology for calculating the remuneration of EETS providers follows the same structure as the remuneration of comparable services provided by the main service provider. The amount of remuneration of EETS providers may differ from the remuneration of the main service provider provided that it is justified by:
the cost of specific requirements and obligations of the main service provider and not of the EETS providers; and
the need to deduct, from the remuneration of EETS providers, the fixed charges imposed by the toll charger based on the costs, for the toll charger, of providing, operating and maintaining an EETS compliant system in its toll domain, including the costs of accreditation, where such costs are not included in the toll.
Article 8
Tolls
Article 9
Accounting
Member States shall take the measures necessary to ensure that legal entities which provide toll services keep accounting records which make a clear distinction possible between the costs and revenues related to the provision of toll services and the costs and revenues related to other activities. The information on the costs and revenues related to the toll service provision shall be provided, upon request, to the relevant Conciliation Body or judicial body. Member States shall also take the measures necessary to ensure that cross subsidies between the activities performed in the role of toll service provider and other activities are not allowed.
Article 10
Rights and obligations of EETS users
If two or more OBE are installed or carried on-board a vehicle, it is the responsibility of the EETS user to use or activate the relevant OBE for the specific EETS domain.
The Commission shall adopt delegated acts in accordance with Article 30, at the latest by 19 October 2019, to further define the obligations of the EETS users regarding:
the provision of data to the EETS provider; and
the use and handling of the OBE.
CHAPTER III
CONCILIATION BODY
Article 11
Establishment and functions
Article 12
Mediation procedure
CHAPTER IV
TECHNICAL PROVISIONS
Article 13
Single continuous service
Member States shall take the measures necessary to ensure that EETS is provided to EETS users as a single continuous service.
This means that:
once the vehicle classification parameters, including the variable ones, have been stored or declared, or both, no further in-vehicle human intervention is required during a journey unless there is a modification to the vehicle's characteristics; and
human interaction with a particular piece of OBE stays the same whatever the EETS domain.
Article 14
Additional elements regarding EETS
Article 15
Interoperability constituents
Where an electronic road toll system on the territory of a Member State is substantially modified, that Member State shall take the measures necessary to ensure that the toll charger responsible for the system establishes and publishes in the EETS domain statement, in addition to the elements referred to in the first subparagraph, the detailed planning of the re-assessment of conformity to specifications and of the suitability for use of the interoperability constituents of EETS providers already accredited to the system before its substantial modification. The planning shall allow for the re-accreditation of concerned EETS providers at the latest one month before the operational launch of the modified system.
The toll charger shall respect that planning.
Member States shall take the measures necessary to allow toll chargers to require EETS providers or their authorised representatives to cover the cost of the respective tests.
The Commission shall also adopt delegated acts in accordance with Article 30, at the latest by 19 October 2019, to lay down the general infrastructure requirements regarding:
the accuracy of toll declaration data with a view to guaranteeing equality of treatment between EETS users in respect of tolls and charges;
the identification, through the OBE, of the responsible EETS provider;
the use of open standards for the interoperability constituents of the EETS equipment;
the integration of the OBE in the vehicle; and
the signalisation, to the driver, of the requirement to pay a road fee.
The Commission shall adopt implementing acts, at the latest by 19 October 2019, to lay down the following specific infrastructure requirements:
requirements on common communication protocols between toll chargers and EETS providers equipment;
requirements on mechanisms for toll chargers to detect whether a vehicle circulating on their EETS domain is equipped with a valid and functioning OBE;
requirements on the human-machine interface in the OBE;
requirements applying specifically to interoperability constituents in microwave technologies-based toll systems; and
requirements applying specifically in Global Navigation Satellite System (GNSS)-based toll systems.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 31(2).
CHAPTER V
SAFEGUARD CLAUSES
Article 16
Safeguard procedure
Where a Member State has reason to believe that interoperability constituents bearing a CE marking and placed on the market are unlikely, when used as intended, to meet the relevant requirements, it shall take all necessary steps to restrict their field of application, prohibit their use or withdraw them from the market. The Member State shall immediately inform the Commission of the measures taken and give the reasons for its decision, stating in particular whether failure to conform is due to:
incorrect application of technical specifications; or
inadequacy of technical specifications.
Article 17
Transparency of assessments
Any decision taken by a Member State or a toll charger concerning the assessment of conformity to specifications or suitability for use of interoperability constituents and any decision taken pursuant to Article 16 shall set out in detail the reasons on which it is based. It shall be notified as soon as possible to the concerned manufacturer, EETS provider or their authorised representatives, together with an indication of the remedies available under the laws in force in the Member State concerned and of the time limits allowed for the exercise of such remedies.
CHAPTER VI
ADMINISTRATIVE ARRANGEMENTS
Article 18
Single contact office
Each Member State with at least two EETS domains on its territory shall designate a single contact office for EETS providers. The Member State shall make public the contact details of that office, and provide them, upon request, to interested EETS providers. The Member State shall take the measures necessary to ensure that, upon request of the EETS provider, the contact office facilitates and coordinates early administrative contacts between the EETS provider and the toll chargers responsible for the EETS domains on the territory of the Member State. The contact office may be a natural person or a public or a private body.
Article 19
Notified bodies
Article 20
Coordination Group
A Coordination Group of the bodies notified under Article 19(1) (the ‘Coordination Group’) shall be set up as a working group of the Electronic Toll Committee referred to in Article 31(1), in accordance with that Committee's Rules of Procedure.
Article 21
Registers
For the purposes of the implementation of this Directive, each Member State shall keep a national electronic register of the following:
the EETS domains within their territory, including information relating to:
the corresponding toll chargers;
the tolling technologies employed;
the toll context data;
the EETS domain statement; and
the EETS providers having EETS contracts with the toll chargers active in the territory of that Member State;
the EETS providers to whom it has granted registration in accordance with Article 4; and
the details of the single contact office referred to in Article 18 for EETS including a contact email address and telephone number.
Unless otherwise specified, Member States shall verify at least once a year that the requirements set out in points (a), (d), (e) and (f) of Article 4 are still met, and shall update the register accordingly. The register shall also contain the conclusions of the audit provided for in point (e) of Article 4. A Member State shall not be held liable for the actions of the EETS providers mentioned in its register.
CHAPTER VII
PILOT SYSTEMS
Article 22
Pilot toll systems
CHAPTER VIII
EXCHANGE OF INFORMATION ON THE FAILURE TO PAY ROAD FEES
Article 23
Procedure for the exchange of information between Member States
In order to allow the identification of the vehicle, and the owner or holder of that vehicle, for which a failure to pay a road fee has been established, each Member State shall grant access only to other Member States' national contact points to the following national vehicle registration data, with the power to conduct automated searches thereon:
data relating to vehicles; and
data relating to the owners or holders of the vehicle.
The data elements referred to in points (a) and (b) which are necessary in order to conduct an automated search shall comply with Annex I.
Those automated searches shall be conducted in compliance with the procedures referred to in points 2 and 3 of Chapter 3 of the Annex to Council Decision 2008/616/JHA ( 5 ) and with the requirements of Annex I to this Directive.
The Member State in whose territory there was a failure to pay a road fee shall use the data obtained in order to establish who is liable for the failure to pay that fee.
Article 24
Information letter on the failure to pay a road fee
Where the Member State in whose territory there was a failure to pay a road fee decides to initiate such proceedings, that Member State shall, in accordance with its national law, inform the owner, the holder of the vehicle or the otherwise identified person suspected of failing to pay the road fee.
This information shall, as applicable under national law, include the legal consequences thereof within the territory of the Member State in which there was a failure to pay a road fee under the law of that Member State.
Article 25
Follow-up proceedings by the levying entities
The Member State on whose territory there was a failure to pay a road fee may provide to the entity responsible for levying the road fee the data obtained through the procedure referred to in Article 23(1) only if the following conditions are met:
the data transferred is limited to what is needed by that entity to obtain the road fee due;
the procedure for obtaining the road fee due complies with the procedure provided for in Article 24;
the entity concerned is responsible for carrying out this procedure; and
compliance with the payment order issued by the entity receiving the data puts an end to the failure to pay a road fee.
Article 26
Reporting by Member States to the Commission
Each Member State shall send a comprehensive report to the Commission by 19 April 2023 and every three years thereafter.
The comprehensive report shall indicate the number of automated searches conducted by the Member State in whose territory there was a failure to pay a road fee addressed to the national contact point of the Member State of registration, following failures to pay road fees that occurred on its territory, together with the number of failed requests.
The comprehensive report shall also include a description of the situation at national level in relation to the follow-up concerning the failures to pay road fees, based on the proportion of such failures to pay road fees which have been followed up by information letters.
Article 27
Data protection
Member States shall, in accordance with applicable data protection legislation, take the measures necessary, to ensure that:
the processing of personal data for the purposes of Articles 23, 24 and 25 is limited to the types of data listed in Annex I to this Directive;
personal data are accurate, kept up-to date and requests for rectification or erasure are handled without undue delay; and
a time limit is established for the storage of personal data.
Member States shall take the measures necessary to ensure that personal data processed under this Directive are used only for the purposes of:
identification of suspected offenders in view of the obligation to pay road fees within the scope of Article 5(8);
ensuring the compliance of the toll charger as regards its obligations to tax authorities within the scope of Article 5(9); and
identification of the vehicle and the owner or holder of the vehicle for which a failure to pay a road fee has been established within the scope of Articles 23 and 24.
Member States shall also take the measures necessary to ensure that the data subjects have the same rights of information, access, rectification, erasure and restriction of processing, and to lodge a complaint with a data protection supervisory authority, compensation and an effective judicial remedy as provided for in Regulation (EU) 2016/679 or, where applicable, Directive (EU) 2016/680.
CHAPTER IX
FINAL PROVISIONS
Article 28
Report
The report shall analyse in particular the following:
the effect of Article 5(1) and (2) on the deployment of EETS, with a particular focus on the availability of the service in small or peripheral EETS domains;
the effectiveness of Articles 23, 24 and 25 on the reduction in the number of failures to pay road fees in the Union; and
the progress made on interoperability aspects between electronic road toll systems using satellite positioning and 5,8 GHz microwave technology.
The report shall be accompanied, if appropriate, by a proposal to the European Parliament and the Council for further revision of this Directive, regarding notably the following elements:
additional measures to ensure that the EETS is available in all EETS domains, including small and peripheral ones;
measures to further facilitate the cross-border enforcement of the obligation to pay road fees in the Union, including mutual assistance arrangements; and
the extension of the provisions facilitating cross-border enforcement to low emission zones, restricted access zones or other urban vehicle access regulation schemes.
Article 29
Delegated acts
The Commission is empowered to adopt delegated acts, in accordance with Article 30, updating Annex I to take into account any relevant amendments to be made to Council Decisions 2008/615/JHA ( 6 ) and 2008/616/JHA or where this is required by any other relevant legal acts of the Union.
Article 30
Exercise of the delegation
Article 31
Committee procedure
That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Article 32
Transposition
They shall apply those measures from 19 October 2021.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.
Article 33
Repeal
Directive 2004/52/EC is repealed with effect from 20 October 2021, without prejudice to the obligations of the Member States relating to the time-limit for the transposition into national law of the Directive set out in Annex III, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex IV.
Article 34
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 35
Addressees
This Directive is addressed to the Member States.
ANNEX I
Data elements necessary to conduct the automated search referred to in Article 23(1)
Item |
M/O (1) |
Remarks |
Data relating to the vehicle |
M |
|
Member State of registration |
M |
|
Registration number |
M |
(A (2)) |
Data relating to the failure to pay a road fee |
M |
|
Member State in whose territory there was a failure to pay a road fee |
M |
|
Reference date of the occurrence |
M |
|
Reference time of the occurrence |
M |
|
(1)
M = mandatory when available in national register, O = optional.
(2)
Harmonised Union code, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57). |
Data elements provided as a result of the automated search conducted pursuant to Article 23(1)
Part I. Data relating to vehicles
Item |
M/O (1) |
Remarks |
Registration number |
M |
|
Chassis number/Vehicle identification number (VIN) |
M |
|
Member State of registration |
M |
|
Make |
M |
(D.1 (2)) e.g. Ford, Opel, Renault |
Commercial type of the vehicle |
M |
(D.3) e.g. Focus, Astra, Megane |
EU Category Code |
M |
(J) e.g. mopeds, motorbikes, cars |
Euro emissions class |
M |
e.g. Euro 4, Euro 6 |
CO2 emission class |
O |
applicable to heavy-duty vehicles |
Date of reclassification |
O |
applicable to heavy-duty vehicles |
CO2 in g/tkm |
O |
applicable to heavy-duty vehicles |
Technically permissible maximum laden mass of the vehicle |
M |
|
(1)
M = mandatory when available in national register, O = optional.
(2)
Harmonised Union code, see Directive 1999/37/EC. |
Part II. Data relating to owners or holders of the vehicles
Item |
M/O (1) |
Remarks |
Data relating to holders of the vehicle |
|
(C.1 (2)) The data refer to the holder of the specific registration certificate. |
Registration holders' (company) name |
M |
(C.1.1) Separate fields shall be used for surname, infixes, titles, etc., and the name in printable format shall be communicated. |
First name |
M |
(C.1.2) Separate fields for first name(s) and initials shall be used, and the name in printable format shall be communicated. |
Address |
M |
(C.1.3) Separate fields shall be used for street, house number and annex, post code, place of residence, country of residence, etc., and the address in printable format shall be communicated. |
Gender |
O |
Male, female |
Date of birth |
M |
|
Legal entity |
M |
Individual, association, company, firm, etc. |
Place of birth |
O |
|
ID Number |
O |
An identifier that uniquely identifies the person or the company. |
Data relating to owners of the vehicle |
|
(C.2) The data refer to the owner of the vehicle. |
Owners' (company) name |
M |
(C.2.1) |
First name |
M |
(C.2.2) |
Address |
M |
(C.2.3) |
Gender |
O |
Male, female |
Date of birth |
M |
|
Legal entity |
M |
Individual, association, company, firm, etc. |
Place of birth |
O |
|
ID Number |
O |
An identifier that uniquely identifies the person or the company. |
|
|
In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned. |
(1)
M = mandatory when available in national register, O = optional.
(2)
Harmonised Union code, see Directive 1999/37/EC. |
ANNEX II
TEMPLATE FOR THE INFORMATION LETTER
referred to in Article 24
[Cover page]
…
…
[Name, address and telephone number of sender]
…
…
[Name and address of addressee]
INFORMATION LETTER
regarding the failure to pay a road fee occurred in …
[name of the Member State in whose territory there was a failure to pay a road fee]
Page 2
On … a failure to pay a road fee with the vehicle with registration
[date]
number … make … model …
was detected by …
[name of the responsible body]
[Option 1] (1)
You are registered as the holder of the registration certificate of the abovementioned vehicle.
[Option 2] (1)
The holder of the registration certificate of the abovementioned vehicle indicated that you were driving that vehicle when the failure to pay a road fee was committed.
The relevant details of the failure to pay a road fee are described on page 3 below.
The amount of the financial penalty due for the failure to pay a road fee is … EUR/national currency. (1)
The amount of the road fee due to pay is … EUR/national currency. (1)
Deadline for the payment is …
You are advised to complete the attached reply form (page 4) and send it to the address shown, if you do not pay this financial penalty (1)/road fee (1).
This letter shall be processed in accordance with the national law of …
[name of the Member State in whose territory there was a failure to pay a road fee].
Page 3
Relevant details concerning the failure to pay a road fee
Data concerning the vehicle which was used in the failure to pay a road fee:
Data concerning the failure to pay a road fee:
Data concerning the device that was used for detecting the failure to pay a road fee (2):
(1) Delete if not applicable.
(2) Not applicable if no device has been used.
Page 4
Reply form
(please complete using block capitals)
A. Identity of the driver:
B. List of questions:
Is the vehicle, make …, registration number …, registered in your name? … yes/no (1)
If not, the holder of the registration certificate is:
…
(name, first name, address)
Do you acknowledge that you failed to pay a road fee? yes/no (1)
If you do not acknowledge this, please explain why:
…
…
Please send the completed form within 60 days from the date of this information letter to the following authority or entity: …
at the following address …
INFORMATION
(Where the information letter is sent by the entity responsible for levying the road fee pursuant to Article 25):
/
(Where the information letter is sent by the competent authority of the Member State):
(1) Delete if not applicable.
If this case is pursued, the following procedure applies:
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[to be filled in by the Member State in whose territory there was a failure to pay a road fee – what the further procedure will be, Including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall In any event include: name and address of the authority or entity in charge of pursuing the case; deadline for payment; name and address of the body of appeal concerned; deadline for appeal].
This letter as such does not lead to legal consequences.
Data protection disclaimer
ANNEX III
PART A
Repealed Directive with the amendment thereto
(referred to in Article 33)
Directive 2004/52/EC of the European Parliament and of the Council |
OJ L 166, 30.4.2004, p. 124. |
Regulation (EC) No 219/2009 of the European Parliament and of the Council |
OJ L 87, 31.3.2009, p. 109. |
PART B
Time-limit for transposition into national law
(referred to in Article 33)
Directive |
Time-limit for transposition |
Directive 2004/52/EC |
20 November 2005 |
ANNEX IV
Correlation Table
Directive 2004/52/EC |
This Directive |
Article 1(1) |
Article 1(1), first subparagraph (a) |
— |
Article 1(1), first subparagraph (b) |
Article 3(2), first sentence |
Article 1(1), second subparagraph |
Article 1(2), introductory wording |
Article 1(2), introductory wording |
Article 1(2)(a) |
Article 1(2)(a) |
Article 1(2)(b) |
— |
Article 1(2)(c) |
Article 1(2)(b) |
— |
Article 1(3) |
Article 1(3) |
Article 1(4) |
— |
Article 1(5) |
— |
Article 1(6) |
— |
Article 2 |
Article 2(1) |
Article 3(1), first subparagraph |
— |
Article 3(1), second subparagraph |
Article 2(2), first sentence |
— |
Article 4(7) |
Article 3(2) |
— |
Article 3(3) |
Article 2(2), second and third sentence |
Article 3(4) |
Article 2(2), fourth sentence |
— |
— |
Article 3(5) |
— |
Article 3(6) |
Article 2(3) |
— |
Article 2(4) |
— |
Article 2(5) |
— |
Article 2(6) |
— |
Article 2(7) |
Article 27 |
Article 3(1) |
— |
Article 3(2), first sentence |
Article 1(1), second subparagraph |
Article 3(2), second sentence |
— |
Article 3(2), third sentence |
|
Article 3(3) |
|
Article 3(4) |
— |
Article 4(1) |
|
Article 4(2) |
— |
Article 4(3) |
|
Article 4(4) |
— |
Article 4(5) |
— |
Article 4(7) |
Article 3(2) |
Article 4(8) |
Article 5(4) |
— |
Article 23 |
— |
Article 24 |
— |
Article 26 |
Article 2(7) |
Article 27 |
— |
Article 28 |
— |
Article 29 |
— |
Article 30 |
Article 5 |
Article 31 |
Article 6 |
Article 32(1) |
— |
Article 32(2) |
— |
Article 33 |
Article 7 |
Article 34 |
Article 8 |
Article 35 |
Annex |
— |
— |
Annex I |
— |
Annex II |
— |
Annex III |
— |
Annex IV |
( 1 ) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).
( 2 ) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (OJ L 153, 22.5.2014, p. 62).
( 3 ) Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (OJ L 96, 29.3.2014, p. 79).
( 4 ) Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).
( 5 ) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).
( 6 ) Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).