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Procedure : 2017/0114(COD)
Document stages in plenary
Document selected : A8-0202/2018

Texts tabled :

A8-0202/2018

Debates :

PV 24/10/2018 - 21
CRE 24/10/2018 - 20

Votes :

PV 25/10/2018 - 13.7

Texts adopted :

P8_TA(2018)0423

Texts adopted
PDF 629k
Thursday, 25 October 2018 - Strasbourg Provisional edition
Charging of heavy goods vehicles for the use of certain infrastructures ***I
P8_TA-PROV(2018)0423A8-0202/2018

European Parliament legislative resolution of 25 October 2018 on the proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2017)0275 – C8-0171/2017 – 2017/0114(COD)) (Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0275),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0171/2017),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 18 October 2017(1) ,

–  having regard to the opinion of the Committee of the Regions of 1 February 2018(2) ,

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0202/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1 a (new)
(1a)  In that White Paper, the Commission set a deadline for 2020 to "proceed to the full and mandatory internalisation of external costs (including noise, local pollution and congestion on top of the mandatory recovery of wear and tear costs) for road and rail transport".
Amendment 2
Proposal for a directive
Recital 1 b (new)
(1b)   The movement of goods and passenger vehicles is a factor that contributes to the release of pollutants into the atmosphere. Such pollutants, which have a very serious impact on people’s health and lead to the deterioration of ambient air quality in the Union, include PM2,5, NO 2 , and O 3 . In 2014, those three pollutants caused 399 000, 75 000, and 13 600 premature deaths in the Union owing to prolonged exposure, respectively, according to European Environment Agency estimates produced in 2017.
Amendment 3
Proposal for a directive
Recital 1 c (new)
(1c)   According to the World Health Organization, noise from road traffic alone ranks second among the most harmful environmental stressors in Europe, exceeded only by air pollution. At least 9 000 premature deaths a year can be attributed to heart disease caused by traffic noise.
Amendment 4
Proposal for a directive
Recital 1 d (new)
(1d)   According to the European Environment Agency’s 2017 report on air quality in Europe, road transport, in 2015, was the sector with the highest NOx emissions and the second largest emitter of black carbon pollution.
Amendment 5
Proposal for a directive
Recital 3
(3)  All heavy duty vehicles have significant impact on road infrastructure and contribute to air pollution, while light duty vehicles are at the source of the majority of the negative environmental and social impacts from road transport related to emissions and congestion. In the interest of equal treatment and fair competition, it should be ensured that vehicles so far not covered by the framework set out in Directive 1999/62/EC of the European Parliament and of the Council15 in respect of tolls and user charges are included into this framework. The scope of that Directive should therefore be extended to heavy duty vehicles other than those intended for the carriage of goods and to light duty vehicles, including passenger cars.
(3)  All vehicles have significant impact on road infrastructure and contribute to air pollution, and light vehicles are at the source of the majority of the negative environmental and social impacts from road transport related to emissions and congestion. In the interest of equal treatment and fair competition, it should be ensured that vehicles so far not covered by the framework set out in Directive 1999/62/EC of the European Parliament and of the Council in respect of tolls and user charges are included into this framework. The scope of that Directive should therefore be extended to heavy duty vehicles other than those intended for the carriage of goods and to light duty vehicles and passenger cars. Charges for passenger cars could be adjusted so as to avoid excessive penalisation of frequent users. In the interest of equal treatment, charges should also be applied in a non-discriminatory manner, on the basis of category of vehicle, and differently, depending on vehicle impact on infrastructures and on the environment and society, and on the socioeconomic circumstances of certain users with no other choice but to go by road to their place of employment.
Amendment 6
Proposal for a directive
Recital 3 a (new)
(3a)  To establish an internal market in road transport with a level playing field, rules should be applied uniformly. One of the main aims of this Directive is to eliminate distortions of competition between users. Accordingly, vans carrying goods by road ought to be included in the scope of charges applied to heavy duty vehicles.
Amendment 7
Proposal for a directive
Recital 3 b (new)
(3b)  In order to guarantee that such a measure is proportionate, it is important to target only vans used to carry goods by road that are regulated by Regulations (EU) No 1071/2009 1a and 1072/2009 1b of the European Parliament and of the Council and by Regulation (EU) No 165/2014 of the European Parliament and of the Council 1c .
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1a Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).
1b Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).
1c 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).
Amendment 8
Proposal for a directive
Recital 4
(4)  Time-based user charges do by nature not accurately reflect infrastructure costs actually induced and, for similar reasons, are not effective when it comes to incentivising cleaner and more efficient operations, or reducing congestion. They should therefore be gradually replaced by distance-based charges, which are fairer, more efficient and more effective.
(4)  Time-based user charges do by nature not accurately reflect infrastructure costs actually induced and, for similar reasons, are not effective when it comes to incentivising cleaner and more efficient operations, or reducing congestion. For heavy vehicles, time-based user charges should therefore be gradually replaced by distance-based charges, which are fairer, more efficient and more effective.
Amendment 10
Proposal for a directive
Recital 4 a (new)
(4a)   In order to ensure that this gradual replacement of time-based charges with distance-based charges does not become a further obstacle to access to the main European markets for transport from peripheral countries and regions, a compensation system should be put in place as soon as possible in order to counterbalance the added costs and thereby ensure that it does not represent a significant loss of competitiveness.
Amendment 11
Proposal for a directive
Recital 4 b (new)
(4b)   In order to prevent traffic from switching to toll-free roads, which may have a serious impact on road safety and the optimum use of the road network, Member States must be able to levy tolls on all roads which are in direct competition with the trans-European networks.
Amendment 12
Proposal for a directive
Recital 4 c (new)
(4c)   Time-based user charges encourage drivers to travel more when their vignette is valid, thus making them misapply the ‘polluter pays’ principle and the ‘user pays’ principle.
Amendment 13
Proposal for a directive
Recital 4 d (new)
(4d)  To ensure that this Directive is properly applied, the contractual frameworks governing concession contracts for road charge collection should make it easier, with due regard for Directive 2014/23/EU of the European Parliament and of the Council, to bring those contracts into line with changes in the Union’s regulatory framework.
Amendment 14
Proposal for a directive
Recital 4 e (new)
(4e)   In this connection, consideration should be given to the possibility of offsetting the added costs arising from remoteness by means of facilities as regards access to more energy-efficient fleets and the priority provision of exclusive infrastructure or technologies such as e-highways. Those compensating facilities could form part of the future CEF post-2020.
Amendment 15
Proposal for a directive
Recital 5
(5)  In order to secure user acceptance of future road charging schemes, Member States should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services. Such systems should ensure a fair distribution of infrastructure costs and reflect the 'polluter pays' principle. Any Member States introducing such a system should ensure that it complies with the provisions of Directive 2004/52/EC of the European Parliament and of the Council.
(5)  In order to secure user acceptance of future road charging schemes, Member States should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services. Such systems should ensure a fair distribution of infrastructure costs and reflect the 'polluter pays' principle and incorporate arrangements for ring-fencing the receipts from the user charges . In that connection, Member States should also be free to levy tolls on roads which do not form part of the main transport network. Any Member States introducing such a system should ensure that it complies with the provisions of Directive 2004/52/EC of the European Parliament and of the Council
Amendment 16
Proposal for a directive
Recital 5 a (new)
(5a)  Member States should be encouraged to take into account socioeconomic factors when applying road infrastructure charging schemes for passenger cars.
Amendment 17
Proposal for a directive
Recital 5 b (new)
(5b)   The levying of charges on all road users by electronic means involves the mass collection and storage of personal data, which can also be used to draw up comprehensive movement profiles. The Member States and the Commission should systematically take account of the principles of purpose limitation and data minimisation when implementing this Directive. Technical solutions for the collection of data in connection with the levying of road-use charges should therefore incorporate anonymised, encrypted or advance payment options.
Amendment 18
Proposal for a directive
Recital 5 c (new)
(5c)  Vehicle taxes might act as an obstacle to the introduction of tolls. To provide backing for the introduction of tolls, Member States should have greater leeway to lower vehicle taxes quickly, meaning a reduction, as soon as possible, of the minimum rates set out in Directive 1999/62/EC.
Amendment 20
Proposal for a directive
Recital 5 d (new)
(5d)  It is of particular importance that the Member States establish a fair charging system which does not penalise users of private vehicles which, due to their place of residence in the countryside or in areas that are difficult of access or isolated, are forced to make more regular use of roads subject to charging. Under territorial development policy, Member States should levy reduced charges on users from such areas.
Amendment 21
Proposal for a directive
Recital 6
(6)  As in respect of heavy duty vehicles, it is important to ensure that any time-based charges applied to light duty vehicles are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns.
(6)  As in respect of heavy duty vehicles, it is important to ensure that, if Member States introduce any time-based charges applied to light duty vehicles, they are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns, provided that it ensures non-discrimination .
Amendment 22
Proposal for a directive
Recital 7
(7)  Pursuant to Directive 1999/62/EC, an external-cost charge may be imposed at a level close to the social marginal cost of the usage of the vehicle in question. That method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles, and would ensure a fair contribution from heavy duty vehicles to meeting EU air quality standards17 and any applicable noise limits or targets. The application of such charges should therefore be facilitated.
(7)  Pursuant to Directive 1999/62/EC, an external-cost charge consistent with the polluter-pays principle should be imposed at a level close to the social marginal cost of the usage of the vehicle in question. That method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles, and would ensure a fair contribution from heavy duty vehicles to meeting EU air quality standards17 and any applicable noise limits or targets. The application of such charges should therefore be facilitated.
Amendment 23
Proposal for a directive
Recital 8
(8)  To this effect, the maximum weighted average external-cost charges should be replaced by readily applicable reference values updated in light of inflation, the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition.
(8)  To this effect, the possibility of applying an external-cost charge on networks not covered by an infrastructure charge should be introduced and the maximum weighted average external-cost charges should be replaced by readily applicable minimum values updated in light of inflation, the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition.
Amendment 24
Proposal for a directive
Recital 8 a (new)
(8a)  To help realise the transport White Paper objective of moving towards full application of the ‘polluter pays’ principle, it should be ensured that, on networks covered by an infrastructure charge, an external-cost charge is applied for heavy duty vehicles and vans carrying goods by road.
Amendment 25
Proposal for a directive
Recital 8 b (new)
(8b)  In order to ensure an appropriate re-use of revenues from external-cost charges, it would be appropriate for those revenues to be reinvested in the transport infrastructure sector in order to promote more sustainable modes of transport with a lower environmental impact.
Amendment 27
Proposal for a directive
Recital 9
(9)  The variation of infrastructure charges according to Euro emission class has contributed to the use of cleaner vehicles. However, with the renewal of vehicle fleets, the variation of charges on this basis on the inter-urban network is expected to become obsolete by the end of 2020 and should therefore be phased out by that time. From the same point in time, external-cost charging should be applied more systematically, as a targeted means to recover external cost in respect of situations in which it matters most.
(9)  The variation of infrastructure charges according to Euro emission class has contributed to the use of cleaner vehicles. However, with the renewal of vehicle fleets, the variation of charges on this basis on the inter-urban network is expected to become less effective by the end of 2020 and should therefore be phased out by that time. From the same point in time, external-cost charging should be applied more systematically, as a targeted means to recover external cost in respect of situations in which it matters most.
Amendment 28
Proposal for a directive
Recital 12
(12)  In order to promote the use of the cleanest and most efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles.
(12)  In order to promote the use of the cleanest and more efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles. To facilitate and speed up the implementation of such schemes, those reductions ought to be applied regardless of the entry into force of Commission Regulation (EU) …/… implementing Regulation (EU) No 595/2009 as regards the certification of the CO 2 emissions and fuel consumption of heavy-duty vehicles. Zero-emission vehicles should not be subject to any external-cost charge related to air pollution.
Amendment 29
Proposal for a directive
Recital 12 a (new)
(12a)   Trans-Alpine transit represents a particular problem for the regions affected, in the form of noise and air pollution and wear and tear on infrastructure, which is exacerbated by cost competition with nearby corridors. The regions affected and the Member States must therefore be afforded a broad measure of flexibility when it comes to the charging of external costs and the implementation of traffic-management measures, not least with a view to preventing unwanted displacement effects and the diversion of traffic between corridors.
Amendment 30
Proposal for a directive
Recital 13
(13)  Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1% of GDP. A significant part of this cost can be attributed to interurban congestion. A specific congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective and proportionate, the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle category. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem.
(13)  Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1% of GDP. A significant part of this cost can be attributed to interurban congestion. A specific congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective, proportionate and non-discriminatory , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle category. Similarly, balancing and compensatory formulae need to be found that do not discriminate against workers living on the outskirts of cities, who would already have to bear the costs of both user charges and tolls. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem.
Amendment 31
Proposal for a directive
Recital 13 a (new)
(13a)  To help safeguard the Union’s automobile heritage, Member States should place vehicles of historical interest in a special category for the purposes of adjusting the various charges payable under this Directive.
Amendment 32
Proposal for a directive
Recital 15 a (new)
(15a)  In view of the high external costs of accidents, which amount to tens of billions of euros a year, Member States should be given the possibility, in connection with the provisions on the average social cost of fatal and serious accidents under Directive 2008/96/EC of the European Parliament and of the Council 1a , of better internalising costs not covered by insurance arrangements. A proportion of those costs would be met by the relevant social security scheme or by society as a whole, such as the administrative costs of public services drawn on, certain costs of medical services drawn on, and human capital losses and the cost of physical and psychological harm.
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1a Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59).
Amendment 33
Proposal for a directive
Recital 16
(16)  Mark-ups added to the infrastructure charge could also provide a useful contribution to addressing problems related to significant environmental damage or congestion caused by the use of certain roads, not only within mountainous areas. The current restriction of mark-ups to such areas should therefore be removed . In order to avoid double charging of users, mark-ups should be excluded on road sections on which a congestion charge is applied.
(16)  Mark-ups added to the infrastructure charge could also provide a useful contribution to addressing problems related to significant environmental damage or congestion caused by the use of certain roads, not only within mountainous areas. Mark-ups should therefore be facilitated by removing the current restrictions limiting them to such areas, as should the allocation thereof to projects within the core network of the trans-European transport network . In order to avoid double charging of users, mark-ups should be more strictly limited on road sections on which a congestion charge is applied. The maximum level should also be adapted to differing circumstances.
Amendment 34
Proposal for a directive
Recital 17 a (new)
(17a)   As in respect to light duty vehicles, it is important to ensure that this Directive does not hamper the free movement of citizens . Member States should be allowed to introduce discounts and reductions when road users are disproportionally affected by charges due to geographical or social reasons.
Amendment 35
Proposal for a directive
Recital 18
(18)  In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common road charging schemes.
(18)  In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common and interoperable road charging schemes.
Amendment 36
Proposal for a directive
Recital 19
(19)  Road charges can mobilise resources that contribute to the financing of the maintenance and development of high quality transport infrastructure. It is therefore appropriate to incentivise Member States to use revenues from road charges accordingly and, to this end, to require that they adequately report on the use of such revenues. That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging.
(19)  Road charges mobilise resources that contribute to the financing and cross-financing of alternative transport infrastructure projects and the maintenance and development of high quality transport infrastructures and services. It is therefore appropriate for Member States to use revenues from road charges accordingly and that they be required to adequately report on the use of such revenues. Revenues from infrastructure charges and external cost charges should therefore be reinvested in the transport sector . That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging.
Amendment 37
Proposal for a directive
Recital 21
(21)  It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the reference values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
(21)  It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the minimum values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 38
Proposal for a directive
Recital 21 a (new)
(21a)   No later than two years after the entry into force of the Directive, the Commission will put forward a generally applicable, transparent and clear framework for the internalisation of environmental, congestion and health costs that will form the basis for future calculations of infrastructure charges. In this connection, the Commission should be able to propose a model accompanied by an analysis of the impact on external-cost internalisation for all transport modes. As regards proportionality, account must be taken of all modes in connection with external-cost charging.
Amendment 39
Proposal for a directive
Recital 21 b (new)
(21b)   In the interest of transparency, it would be appropriate for Member States to disclose to road users the results achieved by the reinvestment of infrastructure charges, external-cost charges and congestion charges. They should therefore announce the benefits obtained in terms of improved road safety, reduced environmental impact and reduced traffic congestion.
Amendment 40
Proposal for a directive
Article 1 - paragraph 1 - point 1
Directive 1999/62/CE
Title
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 distance based charging of vehicles for the use of road infrastructures;
Amendment 41
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 2 – point a
(a)  new infrastructure or new infrastructure improvements, including significant structural repairs;
(a)  new infrastructure or new infrastructure improvements, including significant structural repairs or alternative transport infrastructure for modal shift;
Amendment 42
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 6
(6)  ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, comprising an infrastructure charge, and as the case may be a congestion charge or an external-cost charge or both ;
(6)  ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, comprising one or more of the following charges: an infrastructure charge, or an external-cost charge;
Amendment 43
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 11
(11)  ‘cost of traffic-based air pollution’ means the cost of the damage caused by the release of particulate matter and of ozone precursors, such as nitrogen oxide and volatile organic compounds, in the course of the operation of a vehicle;
(11)  ‘cost of traffic-based air pollution’ means the cost of the harm to human health and of the damage caused to the environment by the release of particulate matter and of ozone precursors, such as nitrogen oxide and volatile organic compounds, in the course of the operation of a vehicle;
Amendment 44
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 12
(12)  ‘cost of traffic-based noise pollution’ means the cost of the damage caused by the noise emitted by the vehicles or created by their interaction with the road surface;
(12)  ‘cost of traffic-based noise pollution’ means the cost of the harm to human health and of the damage caused to the environment by the noise emitted by the vehicles or created by their interaction with the road surface;
Amendment 46
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 18 a (new)
(18a)  ‘light vehicle’ means a light duty vehicle or a passenger car;
Amendment 47
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 19
(19)  ‘light duty vehicle’ means a passenger car, a minibus or van;
(19)  ‘light duty vehicle’ means a minibus, a van or a van intended for the carriage of goods ;
Amendment 48
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 20 a (new)
(20a)  'vehicle of historical interest' a vehicle that is of historical interest within the meaning of Article 3(7) of Directive 2014/45/EU of the European Parliament and of the Council *
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* 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).
Amendment 49
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 22
(22)  ‘van’ means a vehicle intended for the carriage of goods, and having a maximum permissible mass not exceeding 3,5 tonnes;
(22)  ‘van’ means a vehicle other than a passenger car having a maximum permissible mass not exceeding 3,5 tonnes;
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 22 a (new)
(22a)  ‘van intended for the carriage of goods’ means a vehicle, engaged in the occupation of road transport operator as set out in Regulation (EC) 1071/2009 of the European Parliament and of the Council * , and with a maximum permissible laden mass of between 2.4 and 3.5 tonnes and a height of more than 2 metres.
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* Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).
Amendment 51
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 22 b (new)
(22b)  ‘zero-emission operation’ means a vehicle that operates with no tailpipe exhaust emissions during the entirety of a covered road network, in a verifiable manner;
Amendment 52
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 23 a (new)
(23a)  ‘motorcycle’ means a two-wheeled vehicle, with or without side-car, and any tricycle and any quadricycle in categories L3e, L4e, L5e, L6e and L7e referred to in Regulation (EU) No 168/2013;
Amendment 53
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 27
(27)  ‘concession contract’ means a ‘public works contract’ as defined in Article 1 of Directive 2014/24/EU of the European Parliament and of the Council**;
(27)  ‘concession contract’ means a 'concession ' as defined in Article 5(1) of Directive 2014/23/EU of the European Parliament and of the Council**;
_______________
** Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p.65).
** 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)
Amendment 54
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 29
(29)  ‘substantially amended tolling or charging arrangement’ means a tolling or charging arrangement, which has been amended in such a way that costs or revenues are affected by at least 5 % in comparison with the previous year, after correcting for inflation measured by changes in the EU-wide Harmonised Index of Consumer Prices, and excluding energy and unprocessed food, as published by the Commission (Eurostat).
(29)  ‘substantially amended tolling or charging arrangement’ means a tolling or charging arrangement, which has been amended in such a way that costs or revenues are affected by at least 15 % in comparison with the previous year, after correcting for inflation measured by changes in the EU-wide Harmonised Index of Consumer Prices, and excluding energy and unprocessed food, as published by the Commission (Eurostat). In concession contracts, modifications that fulfil the criteria of Article 43(1) and (2) of Directive 2014/23/EU shall not be considered to be substantial.
Amendment 55
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 29 a (new)
(29a)  ‘cross-financing’ means the financing of efficient, alternative transport infrastructure projects from revenues from tolls and infrastructure charges on existing transport infrastructure;
Amendment 56
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 1 – point 29 b (new)
(29b)  ‘Member States’ means all Member State authorities, i.e. central-government authorities, authorities within a federal state and other territorial authorities empowered to ensure compliance with Union law.
Amendment 57
Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 1999/62/EC
Article 2 – paragraph 2 – point b
(b)  costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure designed to reduce nuisance related to noise or to improve road safety and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination.
(b)  costs of infrastructure or infrastructure improvements may include any specific expenditure, including that incurred as a result of new regulatory requirements , 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.
Amendment 58
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 1999/62/EC
Article 6 – paragraph 2 – point b a (new)
(2a)  In Article 6(2), the following point is added:
“(ba) vehicles of historical interest;”
Amendment 59
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/62/EC
Article 7 – paragraph 6
6.  Without prejudice to paragraph 9, from 1 January 2018 , Member States shall not introduce user charges for heavy duty vehicles. User charges introduced before that date may be maintained until 31 December 2023 .
6.  Without prejudice to paragraph 9, from [the date of entry into force of this Directive] , Member States shall not introduce user charges for heavy duty vehicles and vans intended for the carriage of goods . User charges introduced before that date may be maintained until 31 December 2022 and shall be replaced by infrastructure charges from 1st January 2023 on the road network covered by this Directive.
Amendment 61
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/62/EC
Article 7 – paragraph 9
9.  As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles
9.  As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles and vans intended for the carriage of goods.
Amendment 62
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 1999/62/EC
Article 7 – paragraph 10
10.  Tolls and user charges for heavy duty vehicles on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another.
10.  Until 31 December 2022, tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods on the one hand and for light duty vehicles other than vans intended for the carriage of goods on the other may be introduced or maintained independently from one another.
Amendment 63
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 1999/62/EC
Article 7a – paragraph 3 – subparagraph 1
Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10-day rate shall be no more than 8 % of the annual rate.
Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: a day, a week, 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10-day, week and day rates shall be no more than 8 % of the annual rate.
Amendment 64
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 1999/62/EC
Article 7a – paragraph 4
4.  For minibuses and vans, Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses and vans than for passenger cars as from 1 January 2024 at the latest.";
4.  For minibuses, vans and vans intended for the carriage of goods , Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses, vans and vans intended for the carriage of goods than for passenger cars as from 1 January 2024 at the latest
Amendment 65
Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 1999/62/EC
Article 7a – paragraph 4 a (new)
4a.  The proportionality of user charges may take into consideration the specific characteristic of transport operations which start in a Member State on the periphery of the Union.
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Directive 1999/62/EC
Article 7b – paragraph 2 a (new)
(4a)  In Article 7b, the following paragraph is added:
“2a. The motorway sections on which an infrastructure charge is applied shall have the necessary infrastructure to ensure traffic safety for all users and may have safe parking areas in all weather conditions in compliance with Regulation (EU) .../.... of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs (2017/0122(COD)).”
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7c – paragraph 1
1.  Member States may maintain or introduce an external-cost charge, related to the cost of traffic-based air or noise pollution or both.
1.  Member States may maintain or introduce an external-cost charge, related to the cost of traffic-based air or noise pollution or both.
The external-cost charges may be introduced or maintained on road network sections that are not subject to infrastructure charges.
For heavy duty vehicles, the external-cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall respect the reference values set out in Annex IIIb.
The external-cost charge for traffic-based air or noise pollution, shall vary and be set in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall comply with at least the minimum values set out in Annex IIIb.
Amendment 68
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7c – paragraph 5
5.  From 1 January 2021, Member States that levy tolls shall apply an external-cost charge to heavy duty vehicles on at least the part of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa. ";
5.  From 1 January 2021, Member States that levy tolls shall apply an external-cost charge for traffic-based air or noise pollution to heavy duty vehicles and to vans intended for the carriage of goods on all parts of the network referred to in Article 7(1) that are subject to an infrastructure charge .";
Amendment 69
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7c – paragraph 5 a (new)
5a.  From 1 January 2026 onwards, an external-cost charge imposed on any section of the road network referred to in Article 7(1) shall apply in a non-discriminatory manner to all vehicle categories.
Amendment 70
Proposal for a directive
Article 1 – paragraph 1 – point 5
Directive 1999/62/EC
Article 7c – paragraph 5 b (new)
5b.  The Member States can apply derogations which allow external-cost charges to be adjusted for vehicles of historical interest
Amendment 72
Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 1999/62/EC
Article 7da – paragraph 3
3.  A congestion charge imposed on any section of the road network shall apply in a non-discriminatory manner to all vehicle categories, in accordance with the standard equivalence factors set out in Annex V.
3.  A congestion charge imposed on any section of the road network shall apply in a non-discriminatory manner to all vehicle categories, in accordance with the standard equivalence factors set out in Annex V. Member States may, however, decide to exempt buses and coaches for the promotion of collective transport and socio-economic development and territorial cohesion.
Amendment 75
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 1 – point a
(a)  the revenue generated from the mark-up is invested in financing the construction of transport infrastructure of the core network identified in accordance with Chapter III of Regulation (EU) No 1315/2013 , 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;
(a)  the revenue generated from the mark-up is invested in financing the construction of transport infrastructure or transport services which are located in the same corridor as the road section on which the mark-up is applied;
Amendment 76
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 1 – point b
(b)  the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7e, except where the revenue generated is invested in cross-border sections of core network corridors, in which case the mark-up may not exceed 25 % ;
(b)  the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7e, except in mountainous areas, where infrastructure costs as well as climate and environmental damage are higher , in which case the mark-up may not exceed 50 % ;
Amendment 77
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 1 – point d
(d)  a description of the exact location of the mark-up and proof of a decision to finance the construction of core network corridors referred to in point (a) are submitted to the Commission in advance of the application of the mark-up;
(d)  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;
Amendments 78 and 164
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 1a
1a.  In case of new cross-border projects, mark-ups may only be added if all Member States involved in such project agree.
deleted
Amendment 79
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 3
3.  After receiving the required information from a Member State intending to apply a mark-up, the Commission shall make that information available to the members of the Committee referred to in Article 9c. Where the Commission considers that the planned mark- up does not meet the conditions set out in paragraph 1, or where it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may, by means of implementing acts, reject or request amendment of the plans for charges submitted by the Member State concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9c (2).
3.  After receiving the required information from a Member State intending to apply a mark-up, the Commission shall make that information available to the members of the Committee referred to in Article 9c. Where the Commission considers that the planned mark- up does not meet the conditions set out in paragraph 1, or where it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may, by means of implementing acts, reject or request amendment of the plans for charges submitted by the Member State concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9c (2). Where applied to the tolling systems referred to in Article 7e(3), the mark-up shall not be regarded as a substantial amendment for the purposes of this Directive
Amendment 80
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7f – paragraph 4
4.  The amount of the mark-up shall be deducted from the amount of the external-cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I and II from 15 October 2011, III and IV from 1 January 2015, V from 1 January 2019, and VI from January 2023 onwards. All revenues generated by the simultaneous application of the mark-up and the external cost charges shall be invested in financing the construction of core network corridors listed in Part I of Annex I to Regulation (EU) No1316/2013.
deleted
Amendment 81
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 1 – point d
(d)  the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed five hours per day;
(d)  the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed five hours per day or the number of hours during which the ratio of congestion exceeds 100 % of capacity ;
Amendment 82
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 3
3.  Where, in the event of a check, a driver or, if appropriate, the transport operator, is unable to produce the vehicle documents necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2, Member States may apply tolls up to the highest level chargeable.
3.  Where, in the event of a check, a driver or, if appropriate, the transport operator does not make payments using an electronic tolling system or does not hold a valid subscription or its vehicle does not carry on-board equipment approved by the toll operator necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2, Member States may apply tolls up to the highest level chargeable.
Amendment 83
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 4 – subparagraph 1
4.  Within one year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/…*****, the Commission shall adopt a delegated act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned.
4.  Within one year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/…*****, the Commission shall adopt a delegated act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned, taking account of emission reducing technologies .
Amendment 84
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 4 – subparagraph 2
Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100% above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero-emission vehicles shall benefit from infrastructure charges reduced by 75% compared to the highest rate.
Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation.
Amendment 85
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 4 a (new)
4a.  From ... [date of entry into force of this Directive], zero-emission vehicles shall benefit from infrastructure charges reduced by 50 % compared to the lowest rate. . Zero-emission operation shall benefit from the same reduction, provided that such operation can be proved.
Amendment 86
Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 1999/62/EC
Article 7g – paragraph 4 b (new)
4b.   The Commission shall produce an evaluation report assessing the market share of zero-emission vehicles and zero emission operation by ... [five years after the entry into force of this Directive]. The Commission is empowered to adopt delegated acts, in accordance with Article 9e, if appropriate, to recalculate the discount applicable to zero-emission vehicles compared to the lowest rate infrastructure charge.
Amendment 87
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7ga – paragraph 1
1.  For light duty vehicles, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle.
1.  For light vehicles, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle.
Amendment 88
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7ga – paragraph 2 a (new)
2a.  Member States may take into account the improvement of the environmental performance of the vehicle which is linked to that vehicle’s conversion to alternative fuels. A standing subscription or any other mechanism approved by the toll system’s operator should allow users to benefit from a variation in toll charges that rewards the improved environmental performance of the vehicle, after conversion .
Amendment 89
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7ga – paragraph 3
3.  Where, in the event of a check, a driver or, if appropriate, the transport operator, is unable to produce the vehicle documents necessary to ascertain the emission levels of the vehicle (Certificate of Conformity) pursuant to Commission Regulation (EU) …/…******, Member States may apply tolls or annual user charges up to the highest level chargeable.
3.  Where, in the event of a check, a driver or, if appropriate, the transport operator, is not involved in a subscription or any other mechanism approved by the operator or , is unable to produce the vehicle documents necessary to ascertain the emission levels of the vehicle (Certificate of Conformity) pursuant to Commission Regulation (EU) …/…******, Member States may apply tolls or annual user charges up to the highest level chargeable. Subsequent provision of the relevant documents proving the emission levels of the vehicle shall result in the reimbursement of any difference between the tolls or charges applied and the appropriate toll or charge for the vehicle concerned.
Amendment 90
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7ga – paragraph 3 a (new)
3a.  Member States may adopt exceptional measures for the purposes of charging vehicles of historical interest
Amendment 91
Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 1999/62/EC
Article 7ga – paragraph 4
4.  The Commission is empowered to adopt delegated acts in accordance with Article 9e amending Annex VII in order to adapt the modalities specified in the Annex to technical progress.
4.  The Commission is empowered to adopt delegated acts in accordance with Article 9e amending Annex VII in order to adapt the modalities specified in the Annex to technical progress and to take into account the role of components in bringing about improvements both in road safety and in the decarbonisation of transport.
Amendment 92
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a a (new)
Directive 1999/62/EG
Article 7h – paragraph 1 – point a – indent 3 (new)
(a a)   in Article 7h, paragraph (1), point (a), the following indent is added:
"- clear information on the interoperability of the on-board equipment that is carried on board of vehicles to pay user charges and tolls; it shall state the reasons why other on-board equipment in use in other Member States cannot be applied by users for this tolling arrangement".
Amendment 93
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a b (new)
Directive 1999/62/CE
Article 7h – paragraph 1 a (new)
(ab)  the following paragraph is inserted:
“1a. The contractual framework governing relations between grantors and concessionaires shall seek to enable concession contracts to be brought into line with changes to the Union or national regulatory framework relating to the obligations laid down in Articles 7c, 7da, 7g and 7ga of this Directive.”
Amendment 94
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point -a (new)
Directive 1999/62/EC
Article 7i – paragraph 2 – introductory part
(-a)  in paragraph 2, the introductory part is replaced by the following
2.  Member States may provide for discounts or reductions to the infrastructure charge on condition that:
2.  For heavy duty vehicles and vans intended for the carriage of goods , Member States may provide for discounts or reductions to the infrastructure charge on condition that:
Amendment 95
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Directive 1999/62/EC
Article 7i – paragraph 2 – point c
(c)  such discounts or reductions do not exceed 13 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction.
(c)  such discounts or reductions do not exceed 20 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction and those used for local or habitual transport, or both.;
Amendment 96
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a a (new)
Directive 1999/62/EC
Article 7i – paragraph 2 a (new)
(aa)  the following paragraph is inserted:
2a.  For light vehicles, in particular for frequent users on the areas of dispersed settlements and the outskirts of cities, Member States may provide for discounts or reductions to the infrastructure charge provided that:
(a)  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;
(b)  such discounts and reductions contribute
(i)  to social cohesion; and/or
(ii)  to ensuring the mobility of peripheral regions or remote areas or both;
Amendment 97
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a b (new)
Directive 1999/62/EC
Article 7i – paragraph 2 b (new)
(ab)  the following paragraph is inserted:
2b.  Member States or competent authorities may introduce a kilometre-based flat-rate exemption on a specific road section, taking into account the mobility patterns and economic interest of peripheral regions, provided that the resulting charging structure is proportionate, is made public and is made 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;
Amendment 98
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b
Directive 1999/62/EC
Article 7i – paragraph 3
3.  Subject to the conditions provided for in Article 7g(1)(b) and (5), toll rates may for specific projects of high European interest identified in Annex I to Regulation (EU) No 1315/2013, 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 transport. The resulting charging structure shall be linear, proportionate , made public, 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 .;
3.  Subject to the conditions provided for in Article 7g(1)(b) and (5), toll rates may for specific projects of high European interest identified in Annex I to Regulation (EU) No 1315/2013, 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 transport. The resulting charging structure shall be made public and available to all users on equal terms;
Amendment 99
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 1999/62/EC
Article 7i – paragraph 3 a (new)
(ba)  the following paragraph is inserted:
“3a. In mountain areas and peripheral regions, Member States or competent authorities may vary toll rates for heavy vehicles according to distance travelled by the tolled vehicles to minimise social-economic impacts, provided that:
(a)  the variation according to driving distance considers the different characteristics of short-distance and long-distance transport, especially the available options for modal shift to other transport modes.
(b)  the variation is applied in a non-discriminatory way.
(c)  the technical equipment allows the detection of entry and exit points of the vehicle across national borders.”
Amendment 100
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point a
Directive 1999/62/EC
Article 7j – paragraph 1 – second sentence
To that end, Member States shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day, at least at major sales outlets, using common means of payment, inside and outside the Member States in which they are applied.";
To that end, Member States shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day, either at the border or at any other sales outlet , with the option of receipt , using common means of payment including electronic means inside and outside the Member States in which they are applied
Amendment 101
Proposal for a directive
Article 1 – paragraph 1 – point 11 – point b
Directive 1999/62/EC
Article 7j – paragraph 3
3.  Where a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge, the amount of the external-cost charge, and the amount of the congestion charge, where applied, shall be indicated in a receipt provided to the road user, where possible by electronic means
3.  Where a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge, the amount of the external-cost charge, and the amount of the congestion charge, where applied, shall be indicated in a receipt, upon request, provided to the road user, where possible by electronic means.
Amendment 102
Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 1999/62/EC
Article 7k – paragraph 1
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.";
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, provided that they do not distort or have a negative impact on local or habitual hauliers, or both ;
Amendment 103
Proposal for a directive
Article 1 – paragraph 1 – point 13 a (new)
Directive 1999/62/EC
Article 8 a (new)
(13a)  The following Article is inserted:
Article 8a
Monitoring and reporting
1.  Each Member State shall designate an independent supervisory authority for infrastructure charging responsible for ensuring compliance with this Directive.
2.  The supervisory authority shall carry out economic and financial checks on concession contracts in order, in particular, to ensure compliance with Article 7b.
3.  Member States shall inform the Commission that the supervisory authority has been designated.
Amendment 104
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – introductory part
(-a)  in Article 9(2), the introductory part is replaced by the following:
2.  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:
“2. 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, shall be used to carry out road network maintenance and upkeep, and to optimise the entire transport system. In particular, revenues generated from external cost charges, or the equivalent in financial value of these revenues, shall be used to make transport more sustainable, including one or more of the following :"
Amendment 105
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a a (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point b
(-aa)  in paragraph 2, point b is replaced by the following:
(b)  reducing road transport pollution at source;
“(b) reducing road transport air pollution and noise pollution ;”
Amendment 106
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a b (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point b a (new)
(-ab)  in paragraph 2, the following point is inserted:
“(ba) financing collective and sustainable modes of transport ;”
Amendment 107
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a c (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point e
(-ac)  in paragraph 2, point e is replaced by the following:
(e)  developing alternative infrastructure for transport users and/or expanding current capacity;
“(e) developing alternative-fuel infrastructures in accordance with Directive 2014/94/EU and alternative service for transport users and/or expanding current capacity ;”
Amendment 108
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a d (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point f
(-ad)  in paragraph 2, point f is replaced by the following:
(f)  supporting the trans-European transport network;
“(f) supporting the trans-European transport network and eliminating bottlenecks ;”
Amendment 109
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a e (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point h
(-ae)  in paragraph 2, point h is replaced by the following:
(h)  improving road safety; and
“(h) improving road safety and safe road infrastructure ; and”
Amendment 110
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point -a f (new)
Directive 1999/62/EC
Article 9 – paragraph 2 – point i
(-af)  in paragraph 2, point i is replaced by the following:
(i)  providing secure parking places.
“(i) providing safe and secure parking areas; "
Amendment 111
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 1999/62/EC
Article 9 – paragraph 3 – introductory part
3.  Revenues generated from congestion charges, or the equivalent in financial value of these revenues, shall be used to address the problem of congestion, in particular by:
3.  Revenues generated from congestion charges, or the equivalent in financial value of these revenues, shall be used to address the problem of congestion, for example by:
Amendment 112
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 1999/62/EC
Article 9 – paragraph 3 – point b
(b)  eliminating bottlenecks on the trans-European transport network;
(b)  eliminating bottlenecks and missing links on their networks, wherever the charge is applied, and on the trans-European transport network;
Amendment 113
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b
Directive 1999/62/EC
Article 9 – paragraph 3 – point c
(c)  developing alternative infrastructure for transport users.";
(c)  developing alternative infrastructure and multimodal hubs for transport users
Amendment 114
Proposal for a directive
Article 1 – paragraph 1 – point 14 – point b a (new)
Directive 1999/62/EC
Article 9 – paragraph 3 a (new)
(ba)  The following paragraph is inserted:
“3a. Revenues from infrastructure charges and external-cost charges shall be used on the territory containing the road section on which the charges are applied.”
Amendment 115
Proposal for a directive
Article 1 – paragraph 1 – point 15
Directive 1999/62/EC
Article 9e – paragraph 2
2.  The power to adopt delegated acts referred to in Article 7g(4), Article 7ga(4) and Article 9d shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Directive].
2.  The power to adopt delegated acts referred to in Article 7g(4), Article 7ga(4) and Article 9d shall be conferred on the Commission for a period of 5 years from ... [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 116
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 1999/62/EC
Article 11 – paragraph -1 (new)
-1.  Member States or competent authorities shall provide information in the most transparent and clear way on the use of the generated revenues from road users.
Amendment 117
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 1999/62/EC
Article 11 – paragraph 2 – point e a (new)
(ea)   the total revenues raised through mark-ups and on which road sections they have been levied
Amendment 118
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 1999/62/EC
Article 11 – paragraph 3 a (new)
3a.  Member States shall make publicly available the results of reinvesting infrastructure charges and charges for external costs as well as the benefits in terms of increased road safety, a reduced environmental impact and reduced traffic congestion.
Amendment 119
Proposal for a directive
Article 1 – paragraph 1 – point 18
Directive 1999/62/EC
Article 11 – paragraph 5 a (new)
5a.  Within five years after the entry into force of this Directive, the Commission shall submit a report on changes in the market share of zero-emission vehicles and shall revise accordingly, if necessary, the reduction applied to those vehicles.
Amendment 120
Proposal for a directive
Annex I – point 1 – point b – point i – indent 1
Directive 1999/62/EC
Annex III – Section 2 – point 2.1 – indent 6
—  Costs shall be apportioned to heavy duty vehicles on an objective and transparent basis taking account of the proportion of heavy duty vehicle traffic to be carried on the network and the associated costs. The vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified ‘equivalence factors’ such as those set out in point 4 (*).
—  Costs shall be apportioned to each vehicle type on an objective and transparent basis taking account of the proportion of traffic for each vehicle type to be carried on the network and the associated costs. The vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified ‘equivalence factors’ such as those set out in point 4 (*).
Amendment 121
Proposal for a directive
Annex I – point 1 – point b – point i – indent 2
Directive 1999/62/EC
Annex III – section 2 – point 2.2 – indent 2
—  Such costs shall be apportioned between heavy duty vehicles and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4.';
—  Such costs shall be apportioned between heavy duty vehicles and light vehicles on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4.';
Amendment 122
Proposal for a directive
Annex I – paragraph 1 – point c
Directive 1999/62/EC
Annex IIIa – paragraph 1 – subparagraph 2
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 network and of its motorways, the part or parts shall be chosen after an assessment establishing that:
deleted
—  vehicles’ use of the roads where the external-cost charge is applied generates environmental damage higher than that generated on average assessed in accordance with air quality reporting, national emissions inventories, traffic volumes and, for noise, in accordance with Directive 2002/49/EC, or
—  the imposition of an external-cost charge on other parts of the road network thus composed might have adverse effects on the environment or road safety, or levying and collecting an external-cost charge on them would entail disproportionate cost.
Amendment 123
Proposal for a directive
Annex I – paragraph 1 – point c
Directive 1999/62/EC
Annex IIIa – paragraph 2
2.  The vehicles, roads and time period covered
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, it shall notify the Commission of the classification of vehicles according to which the external-cost charge shall vary. It shall also notify the Commission of the location of roads subject to higher external-cost charges (called hereafter ‘suburban roads (including motorways)’), and of roads subject to lower external-cost charges (called hereafter ‘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.
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.
Amendment 124
Proposal for a directive
Annex I – paragraph 1 – point c
Directive 1999/62/EC
Annex IIIa – table 3 (new)

Text proposed by the Commission

Amendment

Table 3: Minimum values of the external-cost charge for passenger cars (€ct/vkm)

Vehicle

Engine

EURO-Class

Suburban

Interurban

Car diesel

<1.4l

Euro 2

1.9

0.9

 

 

Euro 3

1.6

0.9

 

 

Euro 4

1.3

0.7

 

 

Euro 5

0.9

0.5

 

 

Euro 6

0.6

0.3

 

1.4-2.0l

Euro 0

3.6

1.0

 

 

Euro 1

1.9

0.9

 

 

Euro 2

1.8

0.8

 

 

Euro 3

1.7

0.9

 

 

Euro 4

1.4

0.7

 

 

Euro 5

0.9

0.5

 

 

Euro 6

0.6

0.3

 

>2.0l

Euro 0

3.9

1.3

 

 

Euro 1

1.9

0.9

 

 

Euro 2

1.8

0.9

 

 

Euro 3

1.7

0.9

 

 

Euro 4

1.4

0.7

 

 

Euro 5

0.9

0.5

 

 

Euro 6

0.6

0.3

Car petrol

<1.4l

Euro 0

3.7

2.4

 

 

Euro 1

1.0

0.4

 

 

Euro 2

0.7

0.3

 

 

Euro 3

0.5

0.2

 

 

Euro 4

0.5

0.2

 

 

Euro 5

0.5

0.2

 

 

Euro 6

0.5

0.2

 

1.4-2.0l

Euro 0

3.9

3.0

 

 

Euro 1

1.1

0.4

 

 

Euro 2

0.7

0.3

 

 

Euro 3

0.5

0.2

 

 

Euro 4

0.5

0.2

 

 

Euro 5

0.4

0.2

 

 

Euro 6

0.4

0.2

 

>2.0l

Euro 0

4.0

3.0

 

 

Euro 1

1.0

0.4

 

 

Euro 2

0.5

0.3

 

 

Euro 3

0.5

0.2

 

 

Euro 4

0.5

0.2

 

 

Euro 5

0.4

0.2

 

 

Euro 6

0.4

0.2

Amendment 125
Proposal for a directive
Annex I – paragraph 1 – point c
Directive 1999/62/EC
Annex IIIa – table 4 (new)

Text proposed by the Commission

Amendment

Table 4: Minimum values of the external-cost charge for light duty vehicles (€ct/vkm)

Vehicle

EURO-Class

Suburban

Interurban

LCV petrol

Euro 1

2.4

0.7

 

Euro 2

1.9

0.4

 

Euro 3

1.8

0.4

 

Euro 4

1.7

0.3

 

Euro 5

1.6

0.3

 

Euro 6

1.6

0.3

LCV diesel

Euro 1

4.0

1.7

 

Euro 2

4.1

1.7

 

Euro 3

3.5

1.3

 

Euro 4

3.0

1.1

 

Euro 5

2.2

0.8

 

Euro 6

1.9

0.5

Amendment 126
Proposal for a directive
Annex I – paragraph 1 – point d
Directive 1999/62/EC
Annex IIIb – Title
REFERENCE VALUES OF THE EXTERNAL-COST CHARGE
MINIMUM 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.
This Annex sets out minimum values of the external-cost charge, including the cost of air pollution and noise.
Amendment 127
Proposal for a directive
Annex I – point 1 – point d
Directive 1999/62/EC
Annex IIIb – Table 1 – Title
Table 1: reference values of the external-cost charge for heavy goods vehicles
Table 1: minimum values of the external-cost charge for heavy goods vehicles
Amendment 128
Proposal for a directive
Annex I – point 1 – point d
Directive 1999/62/EC
Annex IIIb – Table 2 – title
Table 2: reference values of the external-cost charge for coaches
Table 2: minimum values of the external-cost charge for coaches
Amendment 129
Proposal for a directive
Annex I – point 1 – point d
Directive 1999/62/EC
Annex IIIb – paragraph 2
The values of Tables 1 and 2 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.;
The values of Tables 1 and 2 may be multiplied by a reference factor of up to 4 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 ;
Amendment 130
Proposal for a directive
Annex I – point 1 – point e a (new)
Directive 1999/62/EC
Annex IV – paragraph 4
(ea)  in Annex IV, the following paragraph is added:
For all motor vehicles that are alternatively fuelled, the maximum authorised weight is increased by the additional weight required for the alternative fuel technology used, the maximum increase being one tonne.
Amendment 131
Proposal for a directive
Annex I – point 2
Directive 1999/62/EC
Annex V – section 1 – point c – table 2 – column 1 – row 4
Buses and coaches
Buses and coaches
2.5
1.5

(1) OJ C 81, 2.3.2018, p. 188.
(2) OJ C 176, 23.5.2018, p. 66.

Last updated: 9 January 2019Legal notice