EC on the charging of heavy goods vehicles for the use of certain infrastructures - Main contents

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier	COM(2017)275 - Amendment of Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures.
document	COM(2017)275
date	February 24, 2022

ANNEX

(1)

In point 3 of Annex 0 to Directive 1999/62/EC, the following Table is added:

‘Euro VI Emission Limits

Limit values

CO

(mg/kWh)

THC

(mg/kWh)

NMHC

(mg/kWh)

CH4

(mg/kWh)

NOX (1)

(mg/kWh)

NH3

(ppm)

PM mass

(mg/kWh)

PM number

(#/kWh)

WHSC (CI)

1 500

130

400

8,0 x 1011

WHTC (CI)

4 000

160

460

6,0 x 1011

WHTC (PI)

4 000

160

500

460

6,0 x 1011

Note:

PI	=	Positive Ignition.
CI	=	Compression Ignition.

(1)	The admissible level of NO2 component in the NOx limit value may be defined at a later stage.’;

(2)

Annex II to Directive 1999/62/EC is replaced by the following:

‘ANNEX II

MAXIMUM AMOUNTS IN EURO OF USER CHARGES, INCLUDING ADMINISTRATIVE COSTS, REFERRED TO IN ARTICLE 7a(2)

Annual

	maximum three axles	minimum four axles
Euro 0	1 899	3 185
Euro I	1 651	2 757
Euro II	1 428	2 394
Euro III	1 242	2 073
Euro IV	1 081	1 803
Euro V	940	1 567
Euro VI	855	1 425

Monthly weekly and daily

Maximum monthly weekly and daily rates are in proportion to the duration of the use made of the infrastructure.

;

(3)

Annex III to Directive 1999/62/EC is amended as follows:

(a)

in point 2.1., the sixth indent is replaced by the following:

‘–

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 (1).’;

(b)

in point 2.2., the second indent is replaced by the following:

‘–	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.’;

(c)

in point 4, the heading is replaced by the following:

‘4.	Share of heavy-duty vehicle traffic, equivalence factors and correction mechanism’;

(d)

in point 4, the first indent is replaced by the following:

‘–	The calculation of tolls shall be based on actual or forecast shares of heavy-duty vehicle kilometres adjusted, if desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use by heavy-duty vehicles.’;

(4)

Annex IIIa to Directive 1999/62/EC is replaced by the following:

‘ANNEX IIIa

MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL-COST CHARGE

This Annex sets out the minimum requirements for levying an external-cost charge and, where applicable, for calculating the maximum external-cost charge.

1. The parts of the road network concerned

The Member State shall specify precisely the part or parts of their road network which are to be subject to an external-cost charge.

Where a Member State intends to levy an external-cost charge on only a part or parts of the road network composed of its share in the trans-European road network and of its motorways, the part or parts shall be chosen after an assessment establishing that the imposition of an external-cost charge on other parts of the road network thus composed might have adverse effects on the environment, public health or road safety.

From 25 March 2026, a Member State that intends not to levy an external-cost charge for air pollution on specific sections of its tolled road network, shall also choose those specific sections on the basis of such an assessment.

2. The vehicles, roads and time period covered

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb or IIIc, it shall notify the Commission of the classification of vehicles according to which the external-cost charge shall vary. Where applicable, it shall notify the Commission of the location of roads subject to higher external-cost charges (“suburban roads (including motorways)”), and of roads subject to lower external-cost charges (“interurban roads (including motorways)”).

Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period during which a higher external noise-cost charge may be imposed to reflect greater noise nuisances.

The classification of roads as suburban roads (including motorways) and interurban roads (including motorways), and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to pollution, such as: population density, the annual mean air pollution (in particular for PM10 and NO2) and the number of days (for PM10) and hours (NO2) on which limit values established under Directive 2008/50/EC are exceeded. The criteria used shall be included in the notification.

3. Amount of the charge

This section shall apply where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb or IIIc.

For each vehicle class, type of road and time period, as applicable, the Member State or, where appropriate, an independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, made public and available to all users on equal terms. The publication should occur in a timely manner before implementation. All parameters, data and other information necessary to understand how the various external-cost elements are calculated shall be made public.

When setting the charges, the Member State or, where appropriate, an independent authority shall be guided by the principle of efficient pricing that is a price close to the social marginal cost of the usage of the vehicle charged.

The charge shall be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.

The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport. Every two years, it shall adjust, where appropriate, the charging structure and the specific amount of the charge set for a given class of vehicle, type of road and period of time to the changes in transport supply and demand.

4. External-cost elements

4.1. Cost of traffic-based air pollution

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, that Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost of traffic-based air pollution by applying the following formula:

where:

— PCVij	=	air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre)
— EFik	=	emission factor of pollutant k and vehicle class i (gram/vehicle.kilometre)
— PCjk	=	monetary cost of pollutant k for type of road j (euro/gram)

The emission factors shall be the same as those used by the Member State to establish the national emissions inventories provided for in Directive (EU) 2016/2284 of the European Parliament and of the Council (*) (which requires use of the EMEP/EEA air pollutant emission inventory guidebook (**)). The monetary cost of pollutants shall be estimated by the Member State, or, where appropriate, the independent authority referred to in Article 7c(2) of this Directive, using scientifically proven methods.

The Member State, or, where appropriate, an independent authority, may apply scientifically proven alternative methods to calculate the value of air pollution costs using data from air pollutant measurement and the local value of the monetary cost of air pollutants.

4.2. Cost of traffic-based noise pollution

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, the Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost of traffic-based noise pollution by applying the following formulae:

NCVj (day) = a × NCVj

NCVj (night) = b × NCVj

where:

— NCVj	=	noise cost of one heavy goods vehicle on road type j (euro/vehicle.kilometre)
— NCjk	=	noise cost per person exposed on road type j to noise level k (euro/person)
— POPk	=	population exposed to daily noise level k per kilometre (person/kilometre)
— WADT	=	weighted average daily traffic (passenger car equivalent)
— a and b	=	are weighting factors determined by the Member State in such a way that the resulting weighted average noise charge per vehicle kilometre corresponds to NCVj (daily).

The traffic-based noise pollution relates to the impact of noise on health of citizens around the road.

The population exposed to noise level k shall be taken from the strategic noise maps drafted under Article 7 of Directive 2002/49/EC of the European Parliament and the Council (***), or other equivalent data source.

The cost per person exposed to noise level k shall be estimated by the Member State or, where appropriate, an independent authority, using scientifically proven methods.

The weighted average daily traffic shall assume an equivalence factor "e" between heavy goods vehicles and passenger cars derived on the basis of the noise emission levels of the average car and of the average heavy goods vehicle and considering the Regulation (EU) No 540/2014 of the European Parliament and of the Council (****).

The Member State, or, where appropriate, an independent authority, may establish differentiated noise charges to reward the use of quieter vehicles provided it does not result in discrimination against foreign vehicles.

4.3. Cost of traffic-based CO2 emissions

Where a Member State intends to apply an external-cost charge for CO2 emissions higher than the reference values set out in Annex IIIc, that Member State, or, where appropriate, an independent authority, shall calculate the chargeable cost based on scientific evidence using the avoidance cost approach, taking into account and explaining, in particular, the following aspects:

(a)	the choice of emission target level;

(b)	estimation of options for mitigation;

(c)	estimation of baseline scenario;

(d)	risk and loss aversion;

(e)	equity weighting.

At least six months before the implementation of such an external-cost charge for CO2 emissions, the Member State shall notify the Commission.

;

(*)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1)."

(**)  Methodology of the European Environmental Agency: EMEP/EEA air pollutant emission inventory guidebook 2019 – Technical guidance to prepare national emission inventories (http://www.eea.europa.eu//publications/emep-eea-guidebook-2019)."

(***)  Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12)."

(****)  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131)."

(5)

Annex IIIb to Directive 1999/62/EC is replaced by the following:

‘ANNEX IIIb

REFERENCE VALUES OF THE EXTERNAL-COST CHARGE

This Annex sets out reference values of the external-cost charge, including the cost of air pollution and noise.

Table 1

Reference values of the external-cost charge for heavy goods vehicles

Vehicle class	cent/vehicle-kilometre	Suburban (2)	Interurban (3)
Heavy goods vehicle having a technically permissible maximum laden mass of less than 12 tonnes or having two axles	Euro 0	18,6	9,9
Euro I	12,6	6,4
Euro II	12,5	6,3
Euro III	9,6	4,8
Euro IV	7,3	3,4
Euro V	4,4	1,8
Euro VI	2,3	0,5
Less polluting than Euro VI, including zero-emission vehicles	2,0	0,3
Heavy goods vehicle having a technically permissible maximum laden mass between 12 and 18 tonnes or having three axles	Euro 0	24,6	13,7
Euro I	15,8	8,4
Euro II	15,8	8,4
Euro III	12,5	6,6
Euro IV	9,2	4,5
Euro V	5,6	2,7
Euro VI	2,8	0,7
Less polluting than Euro VI, including zero-emission vehicles	2,3	0,3
Heavy goods vehicle having a technically permissible maximum laden mass between 18 and 32 tonnes or having four axles	Euro 0	27,8	15,8
Euro I	20,4	11,3
Euro II	20,4	11,2
Euro III	16,3	8,9
Euro IV	11,8	6,0
Euro V	6,6	3,4
Euro VI	3,1	0,8
Less polluting than Euro VI, including zero-emission vehicles	2,5	0,3
Heavy goods vehicle having a technically permissible maximum laden mass above 32 tonnes or having 5 or more axles	Euro 0	33,5	19,4
Euro I	25,0	14,1
Euro II	24,9	13,9
Euro III	20,1	11,1
Euro IV	14,2	7,5
Euro V	7,6	3,8
Euro VI	3,4	0,8
Less polluting than Euro VI, including zero-emission vehicles	2,8	0,3

The values of Table 1 may be multiplied by a factor of up to 2 in mountain areas and around agglomerations to the extent that it is justified by lower dispersion, the gradient of roads, altitude or temperature inversions. If there is scientific evidence for a higher mountain or agglomeration factor, this reference value can be increased based on a detailed justification.

;

(6)

the following Annex is added to Directive 1999/62/EC:

‘ANNEX IIIc

REFERENCE VALUES OF THE EXTERNAL-COST CHARGE FOR CO2 EMISSIONS

This Annex sets out reference values of the external-cost charge taking into account the cost of CO2 emissions.

Table 1

Reference values of the external-cost charge for CO2 emissions for heavy goods vehicles

Vehicle class		cent/vehicle-kilometre	Interurban roads (including motorways)
Heavy goods vehicle having a technically permissible maximum laden mass of less than 12 tonnes or having two axles	CO2 emission class 1	Euro 0	4,5
Euro I Euro II Euro III Euro IV Euro V Euro VI	4,0
CO2 emission class 2	3,8
CO2 emission class 3	3,6
Low-emission vehicle	2,0
Zero-emission vehicle	0
Heavy goods vehicle having a technically permissible maximum laden mass between 12 and 18 tonnes or having three axles	CO2 emission class 1	Euro 0	6,0
Euro I Euro II Euro III	5,2
Euro IV Euro V Euro VI	5,0
CO2 emission class 2	4,8
CO2 emission class 3	4,5
Low-emission vehicle	2,5
Zero-emission vehicle	0
Heavy goods vehicle having technically permissible maximum laden mass between 18 and 32 tonnes or having four axles	CO2 emission class 1	Euro 0	7,9
Euro I	6,9
Euro II
Euro III
Euro IV	6,7
Euro V
Euro VI
CO2 emission class 2	6,4
CO2 emission class 3	6,0
Low-emission vehicle	3,4
Zero-emission vehicle	0
Heavy goods vehicle having a technically permissible maximum laden mass above 32 tonnes or having 5 or more axles	CO2 emission class 1	Euro 0	9,1
Euro I	8,1
Euro II
Euro III
Euro IV	8,0
Euro V
Euro VI
CO2 emission class 2	7,6
CO2 emission class 3	7,2
Low-emission vehicle	4,0
Zero-emission vehicle	0

;

(7)

in Annex IV to Directive 1999/62/EC, the Table ‘Vehicle combinations (articulated vehicles and road trains)’ is replaced by the following:

‘Vehicle combinations (articulated vehicles and road trains)

Driving axles with air suspension or recognised as equivalent	Other driving axle suspension systems	Damage class
Number of axles and technically permissible maximum laden mass (in tonnes)	Number of axles and technically permissible maximum laden mass (in tonnes)
Not less than	Less than	Not less than	Less than
2 + 1 axles
7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	I
2 + 2 axles
23 25 26 28	25 26 28 29	23 25 26 28	25 26 28 29
29	31	29	31	II
31	33	31	33
33 36	36 38	33	36	III
2 + 3 axles	II
36 38	38 40	36	38
		38	40	III
2 + 4 axles	II
36 38	38 40	36	38
		38	40	III
3 + 1 axles	II
30 32	32 35	30	32
		32	35	III
3 + 2 axles	II
36 38	38 40	36	38
		38 40	40 44	III
40	44
3 + 3 axles
36 38	38 40	36	38	I
		38	40	II
40	44	40	44
7 axles
40	50	40	50	II
50	60	50	60	III
60		60
At least 8 axles
40	50	40	50	I
50	60	50	60	II
60	60	III’;

(8)

the following Annexes are added to Directive 1999/62/EC:

‘ANNEX V

MINIMUM REQUIREMENTS FOR LEVYING A CONGESTION CHARGE

This Annex sets out the minimum requirements for levying a congestion charge.

1. The parts of the network subject to congestion charging, vehicles and time periods covered

Member States shall specify precisely:

(a)	the part or parts of their network composed of their share in the trans-European road network and their motorways referred to in Article 7(1), which are to be subject to a congestion charge, in accordance with Article 7da(1) and (3).

(b)

the classification of sections of the network which are subject to the congestion charge as “metropolitan” and “non-metropolitan”. Member States shall use the criteria set out in Table 1 for the purposes of determining the classification of each road segment.

Table 1

Criteria for classifying roads on the network referred to in points (a) as “metropolitan” and “non-metropolitan”

Road category	Classification criterion
“metropolitan”	Sections of the network running inside agglomerations with a population of 250 000 inhabitants or more
“non-metropolitan”	Sections of the network which are not qualified as “metropolitan”

(c)

the periods during which the charge applies, for each individual segment. Where different charge levels apply throughout the charging period, Member States shall clearly specify the beginning and the end of each period during which a specific charge is applied.

Member States shall use the equivalence factors provided in Table 2 for the purpose of establishing the proportion between charge levels for different vehicle categories:

Table 2

Equivalence factors for establishing the proportion between congestion charge levels for different vehicle categories

Vehicle category	Equivalence factor
Light-duty vehicles	1
Rigid heavy goods vehicles	1,9
Coaches and buses	2,5
Articulated heavy goods vehicles	2,9

2. Amount of the charge

For each vehicle category, road segment and time period, the Member State or, where appropriate, an independent authority shall determine a single specific amount, set in accordance with the provisions of Section 1 of this Annex, taking into account the corresponding reference value set out in the Table of Annex VI. The resulting charging structure shall be transparent, made public and available to all users on equal terms.

Before implementing a congestion charge, the Member State shall publish in a timely manner all of the following:

(a)	all parameters, data and other information necessary to understand how the classification of roads and vehicles and determination of periods of application of the charge are established;

(b)	the complete description of congestion charges applying to each vehicle category on each road segment and for each time period.

Member States shall make available to the Commission all information to be published pursuant to points (a) and (b).

The charge shall be set only after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.

Where a Member State intends to apply higher congestion charges than the reference values set out in the Table of Annex VI, it shall notify the Commission of the following:

(i)	the location of roads subject to congestions charges;

(ii)	the classification of roads as “metropolitan” and “non-metropolitan”, as specified under point (b) of Section 1;

(iii)

the periods during which the charge applies, as specified under point (c) of Section 1;

(iv)	any partial or full exemption applied to minibuses, buses and coaches.

3. Monitoring

The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing congestion. It shall adjust every three years, where appropriate, the charging structure, charging period(s) and the specific amount of the charge set for each given category of vehicle, type of road and period to the changes in transport supply and demand.

ANNEX VI

REFERENCE VALUES OF CONGESTION CHARGE

This Annex sets out the reference values of congestion charge.

The reference values provided for in the Table below shall be applied to light-duty vehicles. Congestion charge for other vehicle categories shall be established by multiplying the charge applied to light-duty vehicles by the equivalence factors provided in the Table of Annex V.

Table

Reference values of congestion charge for light-duty vehicles

cent/vehicle-kilometre	Metropolitan	Non-metropolitan
Motorways	25,9	23,7
Main roads	61,0	41,5

ANNEX VII

EMISSION PERFORMANCE

This Annex specifies the emission performance for pollutants according to which tolls and user charges shall be differentiated in accordance with Article 7gb(1), point (b).

Table

Emission performance criteria for pollutants for light-duty vehicles

Toll and user charge	5-15 % below highest rate	15-25 % below highest rate	25-35 % below highest rate	Up to 75 % below highest rate
Emission performance	Euro-6d-temp-x (#)	Euro-6d-x (#)	Declared maximum RDE values for pollutant emissions (##) < 80 % of the applicable emission limits	Zero-emission vehicles

(*)  Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1).

(**)  Methodology of the European Environmental Agency: EMEP/EEA air pollutant emission inventory guidebook 2019 – Technical guidance to prepare national emission inventories (http://www.eea.europa.eu//publications/emep-eea-guidebook-2019).

(***)  Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).

(****)  Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC (OJ L 158, 27.5.2014, p. 131).

(1) The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using a long life cycle approach.

(2) “Suburban” means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).

(3) “Interurban” means areas with a population density below150 inhabitants/km2.

(#) where x may be empty or be one of the following (EVAP, EVAP-ISC, ISC or ISC-FCM)

(##) for both NOx and PN as reported in point 48.2 of the Certificate of Conformity, in the Appendix to Annex VIII to Commission Implementing Regulation (EU) 2020/683. (*)