(1)

The promotion of sustainable transport is a key element of the common transport policy. To this end, the negative impacts of transport, in particular congestion, which impedes mobility, pollution, which creates health and environmental damage, and its contribution to climate change must be reduced. Moreover environmental protection requirements must be integrated into the definition and implementation of other Community policies, including the common transport policy. The following priority objectives, namely environmental protection, social and economic cohesion and EU competitiveness, should also be reconciled in a balanced way as part of the Lisbon Strategy for growth and employment.

(2)

The objective of reducing the negative impacts of transport should be achieved in such a way as to avoid disproportionate obstacles to the freedom of movement in the interest of sound economic growth and the proper functioning of the internal market. It should also be emphasised that the principle of internalising external costs is the equivalent of a management instrument and should therefore be used to encourage road users and the related industrial sectors to exploit and expand their respective capabilities in the area of environmentally-friendly transport, for example by means of changes in driving behaviour or further technological development. It is vital that ways and means should be found of reducing the damage caused by road transport, rather than simply using the resulting revenue to cover the relevant costs.

(3)

To optimise the transport system accordingly, the common transport policy must use a variety of instruments to improve the transport infrastructure and technologies and enable a more efficient management of transport demand. This calls for further recourse to the ‘user pays’ principle and the development of the ‘polluter pays’ principle in the transport sector.

(4)

Article 11 of Directive 1999/62/EC ║ (4) called on the Commission to present a model for the assessment of all external costs arising from use of the transport infrastructure to serve as the basis for future calculations of infrastructure charges. This model was to be accompanied by an impact analysis of the internalisation of external costs for all modes of transport and a strategy for a stepwise implementation of the model and, if appropriate, by proposals for further revision of that Directive.

(5)

In order to move towards a sustainable transport policy, transport prices should better reflect the external costs related to ▐ the ▐ use of vehicles, trains, planes or ships ▐. This calls for a coherent and ambitious approach in all transport modes, taking into account their particular characteristics.

(6)

Transport modes other than road transport have already started to internalise external costs and the relevant Community legislation either phases in such internalisation or at least does not prevent it. CO2 emissions should be tackled by including aviation in the Emissions Trading Scheme (ETS). The use of electricity for trains is also covered by the ETS and maritime transport is to be included in the ETS shortly. Other external costs can be internalised through airport charges, which can be differentiated for environmental purposes and through infrastructure charges for the use of railways pursuant to Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure (5). Moreover, the Commission should propose a recast of the First Railway Package in the near future in order to introduce harmonised noise-related track access charging schemes.

(7)

According to Article 7 of Directive 2001/14/EC, which sets out the charging principles for the use of railway infrastructure, internalisation of external costs is already possible. However, in order to modulate track access charges more widely and have a complete internalisation of external costs in the railway sector, it is a precondition that the road transport sector also applies external cost charging.

(8)

In the road transport sector, several taxes and charges already apply, including taxes and charges to partially compensate for external costs such as CO2, as is for example the case with excise taxes on fuel.

(9)

In the road transport sector, tolls as distance based charges for the use of infrastructure constitute a fair and efficient economic instrument to achieve the objective of moving towards a sustainable transport policy, since they have a direct relationship with the use of infrastructure and can vary according to the distance travelled, the environmental performance of vehicles and the place and time of use of vehicles and therefore can be set at a level which reflects the cost of pollution and congestion caused by the actual use of vehicles. Moreover, tolls do not create any distortion of competition within the internal market since they are payable by all operators irrespective of their Member State of origin or establishment and in proportion to the intensity of use of the road network.

(10)

The impact analysis shows that applying tolls calculated on the basis of the cost of pollution, and, on congested roads, on the basis of the cost of congestion, can contribute to or result in more efficient and environmentally friendly road transport and contribute to the EU strategy to fight climate change. It would reduce congestion and local pollution by encouraging the use of cleaner vehicle technologies, optimising logistic behaviour and reducing empty returns. It would indirectly play an important role in reducing fuel consumption and contributing to the fight against climate change. Tolls which integrate a cost element related to congestion for using congested roads into their calculation can only be effective if they are part of an action plan which includes measures related to other road users outside the scope of this Directive , such as similar charging schemes or measures with an equivalent effect, for example, traffic restrictions and high occupancy vehicle lanes. So far, however, it has been insufficiently demonstrated that such tolls have brought about substantial changes in modal split.

(11)

▐ The polluter pays principle will be implemented through ║ external cost charging and this will also contribute to the reduction of external costs.

(12)

The model devised by the Commission for calculating the ▐ external costs provides reliable methods and a range of unit values which can already serve as a basis for the calculation of road user charges.

(13)

Efforts should be made in the medium term to bring about convergence in the methods which all European charging systems use to calculate external costs in order to ensure that European road hauliers receive clear price signals, which act as an incentive to optimise their behaviour.

(14)

There are still uncertainties about the costs and benefits of the systems required to enforce differentiated user charges on roads with low traffic. Until such uncertainties are dealt with, a flexible approach at Community level appears most appropriate. This flexible approach should leave Member States to decide whether and on which roads to introduce external cost charges on the basis of the local and national characteristics of the network.

(15)

Time-based user charges and tolls should not be applied simultaneously within the territory of a Member State in order to avoid a fragmentation of the charging schemes with negative effects for the transport industry, except in certain specific cases where this is necessary to finance the construction of tunnels, bridges or mountain passes.

(16)

Time-based user charges levied on a daily, weekly, monthly or annual basis should not discriminate against occasional users, since a high proportion of such users are likely to be non-national hauliers. A more detailed ratio between daily, weekly, monthly and annual rates should therefore be fixed. For reasons of efficiency and fairness, time-based user charges should be considered as a transitional instrument for charging of infrastructure. A phasing out of time-based charging systems should therefore be taken into consideration. Member States with external borders with third countries should be allowed to derogate from this provision and to continue to apply time-based charging to heavy goods vehicles queuing at border-crossing points.

(17)

Inconsistent charging schemes should be avoided between the trans-European network and other parts of the road network which may be used by international traffic. The same charging principles should therefore be applied to the entire interurban road network.

(18)

Tolls based on distance travelled should be allowed to include an external cost element based on the cost of traffic-based air and noise pollution. Furthermore, on roads that are usually congested and during peak periods congestion costs which are mostly borne at local level should also be allowed to be recovered through the external cost charge. The external cost element included in tolls should be allowed to be added to the cost of infrastructure, provided that certain conditions are respected in the calculation of costs so as to avoid undue charging.

(19)

To better reflect the cost of traffic-based air and noise pollution, and congestion, the external cost charge should vary according to the type of roads, type of vehicles and time periods such as daily, weekly or seasonal peak and off peak periods and the night period.

(20)

The smooth functioning of the internal market requires a Community framework in order to ensure that road charges set on the basis of the local cost of traffic-based air and noise pollution and congestion are transparent, proportionate and non-discriminatory. This requires common charging principles, calculation methods and unit values of external costs based on acknowledged scientific methods together with mechanisms for notifying and reporting tolling schemes to the Commission.

(21)

The authority which sets the external cost charge should also have no vested interest in setting the amount at an undue level and should therefore be independent from the body which collects and manages toll revenue. Experience has shown that adding a mark-up to tolls in mountainous areas in order to finance priority projects of the trans-European network is not a practicable option where the definition of a corridor does not correspond to the actual traffic flow . To remedy this situation, the corridor on which a mark-up could be allowed should, in particular, cover road sections for which the introduction of a mark-up would result in a traffic diversion towards the priority project concerned .

(22)

In order to give precedence to the construction of priority projects of European interest, Member States which have the possibility of applying a mark-up should use this option before levying an external cost charge. To avoid an undue charging of users, an external cost charge should not be combined with a mark-up unless the external costs exceed the amount of the mark-up already levied. In such a case, it is thus appropriate that the amount of the mark-up should be deducted from the external cost charge.

(23)

Where differentiated external cost charges are levied, a variation in the infrastructure charge for the purpose of reducing congestion, optimising the use of the infrastructure, minimising infrastructure damage or promoting road safety would represent an undue burden on certain categories of users and should accordingly be precluded.

(24)

Discounts or reductions of the external cost charge should not be permitted as there would be a significant risk that they would unduly discriminate against certain categories of users.

(25)

Charging external costs through tolls will be more effective in influencing transport decisions if users are aware of these costs. They should accordingly be identified separately on a comprehensible statement, a bill or an equivalent document from the toll operator. Furthermore, such a document may make it easier for hauliers to pass on the cost of the external cost charge to the shipper or any other clients.

(26)

The use of electronic tolling systems is essential to avoid disruption to the free flow of traffic and to prevent adverse effects on the local environment caused by queues at toll barriers. It is therefore appropriate to ensure that the infrastructure and external cost charges are collected by means of such a system, subject to compliance with the requirements of Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (6) that foresees appropriate and proportionate measures to ensure that technical, legal, commercial and data protection and privacy concerns are properly addressed in the implementation of electronic tolling. Furthermore such systems should be designed without roadside barriers and in a way which allows subsequent extension to any parallel roads at low cost. Provision should however be made for a transitional period in order to permit the necessary adaptations to take place.

(27)

It is important that the objective of this Directive should be attained in a way which does not harm the proper functioning of the internal market. Moreover, it is important to avoid heavy goods vehicle drivers in future being saddled with ever more incompatible and expensive electronic equipment in their cabs and running the risk of making errors in its use. A proliferation of technologies is unacceptable. The interoperability of the toll systems in the Community, as provided for in Directive 2004/52/EC, should therefore be achieved as quickly as possible. Efforts should be made to limit the number of devices in the vehicle to one, which makes it possible to apply the various rates which are in force in the various Member States.

(28)

The Commission should take all necessary measures to ensure the rapid introduction of a truly interoperable system by the end of 2010, in accordance with Directive 2004/52/EC.

(29)

For reasons of legal clarity, it should be specified where regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality are permitted.

(30)

Member States should be able to use the Trans-European Transport Network (TEN-T) budget and the Structural Funds in order to improve transport infrastructures with a view to reducing the external costs of transport in general and implementing electronic means of collecting the charges arising from the provisions of this Directive.

(31)

In accordance with the transport policy objectives of this Directive, the additional revenue generated from an external cost charge should be used as a matter of priority to reduce and eliminate the external costs of road transport where possible. It may also be used to promote sustainable mobility at large. Such projects should therefore relate to facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of road vehicles, and improving existing road infrastructure or developing alternative infrastructure for transport users. It includes, for example, research and development on cleaner vehicles and the implementation of the transport part of the action plans under Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management (7) and Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (8), which may comprise measures to mitigate traffic-based noise and air pollution around large infrastructure and in agglomerations. Earmarking this revenue does not release Member States from the obligation laid down in Article 88(3) of the Treaty to notify the Commission of certain national measures, nor does it prejudge the outcome of any procedures initiated under Articles 87 and 88 of the Treaty.

(32)

In order to promote interoperability of tolling arrangements, cooperation between Member States ▐ in introducing a common system of tolls should be encouraged , subject to compliance with certain conditions. The Commission should support Member States which wish to cooperate in order to introduce a common system of tolls on their combined territories.

(33)

A comprehensive assessment of the experience acquired in those Member States which apply an external cost charge in accordance with this Directive should be sent in due time by the Commission to the European Parliament and the Council. This assessment should also include an analysis of progress in the strategy to fight climate change, including progress in defining a common fuel tax element related to climate change in Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (9), including of the fuel used by heavy goods vehicles. A comprehensive assessment of internalisation of external costs in all other transport modes should also be drawn up, to serve as a basis for further legislative proposals in this area. This should ensure the introduction of a fair and competitive system of internalisation of external costs that avoids any distortions of the internal market in all transport modes.

(34)

Article 55(2) of Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund ║ (10) provides that the revenue generated by charges borne directly by users must be considered in the determination of the funding-gap in the case of a revenue-generating project. However, since the revenue generated by an external cost charge is earmarked for projects aimed at reducing road transport pollution at the source, mitigating its effects, improving CO2 and energy performance of vehicles, and improving existing road infrastructure or developing alternative infrastructure for transport users, it should not be considered in the calculation of the funding-gap.

(35)

The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (11).

(36)

In particular, the Commission should be empowered to adapt Annexes 0, III, IIIa and IV to technical and scientific progress, and Annexes I, II and IIIa to inflation. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/62/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(37)

Since the objective of this Directive, namely to encourage differentiated charging based on external costs as a means towards sustainable transport, cannot be sufficiently achieved by the Member States alone, and can therefore, by reason of the importance of the cross-border dimension of transport, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective,

(1)

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

(2)

Articles 7, 7a and 7b are replaced by the following:

‘Article 7

1.   Member States may maintain or introduce tolls and/or user charges on the trans-European road network or on any section of their road network which customarily carries a significant volume of international transport of goods under the conditions laid down in paragraphs 2, 3 and 4 of this Article and in Articles 7a to 7j.

2.   Member States shall not impose within their territory both tolls and user charges ▐. However, a Member State which imposes a user charge on its network may also impose tolls for the use of bridges, tunnels and mountain passes.

3.   Tolls and user charges shall not discriminate, directly or indirectly, on the grounds of the nationality of the haulier, the Member State or the third country of establishment of the haulier or of registration of the vehicle, or the origin or destination of the transport operation.

4.   Member States may provide for reduced toll rates or user charges or exemptions from the obligation to pay tolls or user charges for vehicles exempted from the requirement to install and use recording equipment under Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport  (12), and in cases covered by, and subject to the conditions contained in, Article 6(2)(a) and (b) of this Directive.

5.   Until 31 December 2011, a Member State may choose to apply tolls and/or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes. From 1 January 2012, tolls and/or user charges shall be applied to all vehicles within the meaning of Article 2(d) unless a Member State considers that an extension to vehicles of less than 12 tonnes would (13):

▐

Article 7a

1.   User charges shall be in proportion to the duration of the use made of the infrastructure and shall be available for the duration of a day, week, month and a year. In particular, the monthly rate shall be no more than 10 % of the annual rate, the weekly rate shall be no more than 5 % of the annual rate , and the daily rate shall be no more than 2 % of the annual rate.

▐

2.   User charges, including administrative costs, for all vehicle categories shall be set by the Member State concerned at a level which is no higher than the maximum rates laid down in Annex II.

Article 7b

1.   The infrastructure charge shall be based on the principle of the recovery of infrastructure costs. The weighted average infrastructure charge shall be related to the construction costs and the costs of operating, maintaining, ▐ developing and ensuring safety standards on the infrastructure network concerned. The weighted average infrastructure charge may also include a return on capital or a profit margin based on market conditions.

2.   The external cost charge shall be related to the cost of traffic-based air pollution, the cost of traffic-based noise pollution, or both. On road sections subject to congestion the external cost charge may also include the cost of congestion during the periods when these road sections are usually congested.

3.   The costs taken into account shall relate to the network or a part of the network on which tolls are levied and to the vehicles that are subject thereto. Member States may choose to recover only a percentage of these costs.

Article 7c

1.   The external cost charge shall vary according to the type of road and EURO emission class (Annex IIIa, Table 1) , and also according to the time period in cases where the charge includes the cost of congestion or traffic-based noise pollution.

2.   The amount of the external cost charge for each combination of class of vehicle, type of road and time period shall be set in accordance with the minimum requirements, the common formulae and the maximum chargeable external costs in Annex IIIa.

3.     The external cost charge shall not apply to vehicles which comply with future EURO emissions standards in advance of the dates of applicability laid down in the relevant rules.

4.   The amount of the external cost charge shall be set by each Member State . If a Member State designates an authority for this task, that authority shall be legally and financially independent from the body in charge of managing and collecting all or part of the charge. ▐

Article 7d

1.   Member States shall calculate the infrastructure charge using a methodology based on the core calculation principles set out in Annex III.

2.   For concession tolls, the maximum level of the infrastructure charge shall be equivalent to, or less than, the level that would have resulted from the use of a methodology based on the core calculation principles set out in Annex III. The assessment of such equivalence shall be made on the basis of a reasonably long reference period appropriate to the nature of that concession contract.

3.   Tolling arrangements which were already in place on 10 June 2008 or for which tenders or responses to invitations to negotiate under the negotiated procedure were received pursuant to a public procurement process before 10 June 2008 shall not be subject to the obligations set out in paragraphs 1 and 2 for as long as these arrangements remain in force and provided that they are not substantially amended.

Article 7e

1.   In exceptional cases concerning infrastructure in mountainous regions and conurbations , and after informing the Commission, a toll mark-up may be added to the infrastructure charge levied on specific road sections which are subject to acute congestion, or the use of which by vehicles is the cause of significant environmental damage, on condition that:

The first subparagraph shall apply to new cross-border projects subject to the agreement of all Member States involved in that project.

2.   After informing the Commission, a mark-up may also be applied to a road section which constitutes an alternative route to that covered by the mark-up referred to in paragraph 1, if:

3.   A mark-up may be applied to an infrastructure charge which has been varied in accordance with Article 7f.

4.   When the Commission receives the required information from a Member State intending to apply a mark-up, it shall make this information available to the members of the Committee referred to in Article 9c. If the Commission considers that the planned mark-up does not meet the conditions set out in paragraph 1, or if it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may reject or request amendment of the plans for charges submitted by the Member State concerned, in accordance with the consultation procedure referred to in Article 9c(2).

5.   On road sections where the criteria for applying a mark-up pursuant to paragraph 1 are met, the Member States may not levy an external cost charge unless a mark-up is applied.

▐

Article 7f

1.   Toll rates which comprise only an infrastructure charge shall be varied according to the EURO emission class (Annex IIIa, Table 1) in such a way that no toll is more than 100 % above the toll charged for equivalent vehicles meeting the strictest emission standards.

2.   Where a driver is unable to produce the vehicle documents necessary to ascertain the EURO emission class of the vehicle in the event of a check, Member States may apply tolls up to the highest level chargeable, provided that there is a possibility of subsequent rectification to return any excess collected.

3.   Tolls which comprise only an infrastructure charge may also be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, on condition that:

4.   The variations referred to in paragraphs 1 and 3 are not designed to generate additional toll revenue. Any unintended increase in revenue shall be counterbalanced by changes to the structure of the variation which must be implemented within two years from the end of the accounting year in which the additional revenue is generated.

5.   If a toll includes an external cost charge, paragraphs 1 and 3 shall not be applied to the part of the toll consisting of an infrastructure charge.

Article 7g

1.   At least six months before the implementation of a new infrastructure charge tolling arrangement, Member States shall send to the Commission:

2.   The Commission shall, within six months of receiving all the necessary information in accordance with paragraph 1, give an opinion as to whether the obligations of Article 7d are complied with. The opinions of the Commission shall be made available to the Committee referred to in Article 9c and to the European Parliament.

3.   At least six months before the implementation of a new external cost charge tolling arrangement, Member States shall send the Commission:

4.   The Commission may, within six months of receiving the information in accordance with paragraph 3, decide to ask the Member State concerned to adapt the proposed external cost charge, if it considers that the obligations laid down in Articles 7b, 7c, 7i or 9(2) are not complied with. The decision of the Commission shall be made available to the Committee referred to in Article 9c and to the European Parliament.

Article 7h

1.   Member States shall not provide for discounts or reductions for any users in relation to the external cost charge element of a toll.

2.   Member States may provide for discounts or reductions to the infrastructure charge on condition that:

3.   Subject to the conditions provided for in Article 7f(3)(b) and in Article 7f(4), toll rates may, in exceptional cases, namely specific projects of high European interest in the field of freight transport , be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of vehicle transport. The resulting charging structure shall be linear, proportionate, openly published, and available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls. The Commission shall verify compliance with these conditions prior to the implementation of the charging structure in question.

Article 7i

1.   Tolls and user charges shall be applied and collected and their payment monitored in such a way as to cause as little hindrance as possible to the free flow of traffic and to avoid any mandatory controls or checks at the Community’s internal borders. To this end, Member States shall cooperate in establishing methods for enabling hauliers to pay user charges 24 hours a day, at least at the major sales outlets, using all common means of payment, inside and outside the Member States in which they are applied. Member States shall provide adequate facilities at the points of payment for tolls and user charges so as to maintain normal road safety standards.

2.   The arrangements for collecting tolls and user charges shall not, financially or otherwise, place non-regular users of the road network at an unjustified disadvantage compared to those who use alternative forms of payment . In particular, where a Member State collects tolls or user charges exclusively by means of a system that requires the use of a vehicle on-board unit, it shall ensure that appropriate on-board units compliant with the requirements of Directive 2004/52/EC of the European Parliament and of the Council  (14) can be obtained by all users under reasonable administrative and economic arrangements.

3.   If a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge and the amount of the external cost charge ▐ shall be indicated in a document provided to the haulier , if possible by electronic means.

4.   An external cost charge shall be levied and collected by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC. Member States shall also cooperate to ensure that they use interoperable electronic systems which can be used on one another's territory, with the provision that, if necessary, the rates can be adjusted.

5.     As soon as the operability of toll collecting services based on the Galileo satellite positioning system is technically worked out, external cost charges shall be levied and collected by an interoperable European electronic toll collecting system as specified in Directive 2004/52/EC.

Article 7j

This Directive does not affect the freedom of Member States which introduce a system of tolls and/or user charges for infrastructure to provide, without prejudice to Articles 87 and 88 of the Treaty, appropriate compensation for these charges , even where the resulting amounts collected fall below the minimum rates set out in Annex I.

(3)

In chapter III, the following article ║ is inserted:

‘Article 8b

1.   Two or more Member States may cooperate in introducing a common system for tolls applicable to their combined territories as a whole. In such a case, those Member States shall ensure that the Commission is closely involved in such cooperation and in the system’s subsequent operation and possible amendment.

2.   The common toll system shall be subject to the conditions set out in Articles 7 to 7j and shall be open to other Member States.’

(4)

In Article 9, paragraphs 1a and 2 are replaced by the following:

‘1a.   This Directive shall not prevent the non-discriminatory application by Member States of regulatory charges specifically designed to reduce traffic congestion or combat environmental impacts, including poor air quality, on any ▐ road , notably in urban areas, including trans-European road network roads crossing an urban area .

2.   A Member State in which an external cost charge is levied shall ensure that the revenue generated by the charge is earmarked as a priority to reduce and where possible eliminate the external costs arising from road transport. The revenue may also be used for measures aimed at facilitating efficient pricing, reducing road transport pollution at source, mitigating its effects, improving CO2 and energy performance of road transport vehicles, and developing and improving existing road infrastructure or developing alternative infrastructure for transport users.

A Member State in which an infrastructure charge is levied shall determine the use to be made of revenue generated by that charge. To enable the transport network to be developed as a whole, revenue from charges shall be used mainly to benefit the road transport sector and optimise the road transport system.

As from 2011, at least 15 % of the revenues generated by the external cost charge and infrastructure charge in each Member State shall be dedicated to financially supporting TEN-T projects in order to increase transport sustainability. This percentage shall gradually increase over time. ’

(5)

Articles 9b and 9c are replaced by the following:

‘Article 9b

The Commission shall facilitate dialogue and the exchange of technical know-how between Member States in relation to the implementation of this Directive and in particular the Annexes. The Commission shall adapt Annexes 0, III, IIIa and IV in the light of scientific and technical progress and Annexes I, II and IIIa in the light of inflation. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9c(3).

Article 9c

1.   The Commission shall be assisted by a Committee.

2.   Where reference is made to this paragraph, Articles 3 and 7 of Council Decision 1999/468/EC (15) shall apply, having regard to the provisions of Article 8 thereof.

3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

(6)

Article 11 is replaced by the following:

‘Article 11

1.   By 31 December 2012 at the latest, and every four years thereafter, Member States which levy an external cost charge and/or an infrastructure charge shall draw up a report on tolls levied on their territory and shall forward it to the Commission. The report shall comprise information on:

2.     By 31 December 2010 at the latest, the Commission shall present a report to the European Parliament and the Council on the availability of safe and secured parking places on the trans-European road network.

After consulting the relevant social partners, this report shall be accompanied by proposals on:

3.   By31 December 2013at the latest, the Commission shall present a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of the provisions on the recovery of the costs related to congestion and traffic-based pollution and on the inclusion of vehicles of more than 3.5 and less than 12 tonnes. The report shall also assess:

The report shall be accompanied by an assessment of the progress of the internalisation of external costs for all modes of transport and by a proposal to the European Parliament and the Council for further revision of this Directive. ’

(7)

Annex III is amended as follows:

(8)

After Annex III, the text set out in the Annex to this Directive is inserted as Annex IIIa.