Annexes to COM(2017)280 - Interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (recast) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2017)280 - Interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay ... |
|---|---|
| document | COM(2017)280  |
| date | March 19, 2019 |
Data elements necessary to conduct the automated search referred to in Article 23(1)
| Item | M/O (1) | Remarks |
| Data relating to the vehicle | M | |
| Member State of registration | M | |
| Registration number | M | (A (2)) |
| Data relating to the failure to pay a road fee | M | |
| Member State in whose territory there was a failure to pay a road fee | M | |
| Reference date of the occurrence | M | |
| Reference time of the occurrence | M |
Data elements provided as a result of the automated search conducted pursuant to Article 23(1)
Part I. Data relating to vehicles
| Item | M/O (3) | Remarks |
| Registration number | M | |
| Chassis number/VIN | M | |
| Member State of registration | M | |
| Make | M | (D.1 (4)) e.g. Ford, Opel, Renault |
| Commercial type of the vehicle | M | (D.3) e.g. Focus, Astra, Megane |
| EU Category Code | M | (J) e.g. mopeds, motorbikes, cars |
| Euro emissions class | M | e.g. Euro 4, Euro 6 |
Part II. Data relating to owners or holders of the vehicles
| Item | M/O (5) | Remarks |
| Data relating to holders of the vehicle | (C.1 (6)) The data refer to the holder of the specific registration certificate. | |
| Registration holders' (company) name | M | (C.1.1) Separate fields shall be used for surname, infixes, titles, etc., and the name in printable format shall be communicated. |
| First name | M | (C.1.2) Separate fields for first name(s) and initials shall be used, and the name in printable format shall be communicated. |
| Address | M | (C.1.3) Separate fields shall be used for street, house number and annex, post code, place of residence, country of residence, etc., and the address in printable format shall be communicated. |
| Gender | O | Male, female |
| Date of birth | M | |
| Legal entity | M | Individual, association, company, firm, etc. |
| Place of birth | O | |
| ID Number | O | An identifier that uniquely identifies the person or the company. |
| Data relating to owners of the vehicle | (C.2) The data refer to the owner of the vehicle. | |
| Owners' (company) name | M | (C.2.1) |
| First name | M | (C.2.2) |
| Address | M | (C.2.3) |
| Gender | O | Male, female |
| Date of birth | M | |
| Legal entity | M | Individual, association, company, firm, etc. |
| Place of birth | O | |
| ID Number | O | An identifier that uniquely identifies the person or the company. |
| In case of scrap vehicles, stolen vehicles or number plates, or outdated vehicle registration no owner/holder information shall be provided. Instead, the message ‘Information not disclosed’ shall be returned. |
(1) M = mandatory when available in national register, O = optional.
(2) Harmonised Union code, see Council Directive 1999/37/EC of 29 April 1999 on the registration documents for vehicles (OJ L 138, 1.6.1999, p. 57).
(3) M = mandatory when available in national register, O = optional.
(4) Harmonised Union code, see Directive 1999/37/EC.
(5) M = mandatory when available in national register, O = optional.
(6) Harmonised Union code, see Directive 1999/37/EC.
ANNEX II
TEMPLATE FOR THE INFORMATION LETTER
referred to in Article 24
[Cover page]
…
…
[Name, address and telephone number of sender]
…
…
[Name and address of addressee]
INFORMATION LETTER
regarding the failure to pay a road fee occurred in …
[name of the Member State in whose territory there was a failure to pay a road fee]
Page 2
On … a failure to pay a road fee with the vehicle with registration
[date]
number … make … model …
was detected by …
[name of the responsible body]
[Option 1] (1)
You are registered as the holder of the registration certificate of the abovementioned vehicle.
[Option 2] (1)
The holder of the registration certificate of the abovementioned vehicle indicated that you were driving that vehicle when the failure to pay a road fee was committed.
The relevant details of the failure to pay a road fee are described on page 3 below.
The amount of the financial penalty due for the failure to pay a road fee is … EUR/national currency. (1)
The amount of the road fee due to pay is … EUR/national currency. (1)
Deadline for the payment is …
You are advised to complete the attached reply form (page 4) and send it to the address shown, if you do not pay this financial penalty (1)/road fee (1).
This letter shall be processed in accordance with the national law of …
[name of the Member State in whose territory there was a failure to pay a road fee].
Page 3
Relevant details concerning the failure to pay a road fee
| (a) | Data concerning the vehicle which was used in the failure to pay a road fee: Registration number: … Member State of registration: … Make and model … |
| (b) | Data concerning the failure to pay a road fee: Place, date and time where the failure to pay a road fee occurred: … … … … Nature and legal classification of the failure to pay a road fee: … … … … Detailed description of the failure to pay a road fee: … … Reference to the relevant legal provision(s): … … Description of or reference to the evidence regarding the failure to pay a road fee: … … |
| (c) | Data concerning the device that was used for detecting the failure to pay a road fee (2): Specification of the device: … … Identification number of the device: … … Expiry date for the last gauging: … … |
| (1) | Delete if not applicable. |
| (2) | Not applicable if no device has been used. |
Page 4
Reply form
(please complete using block capitals)
| A. | Identity of the driver:
|
| B. | List of questions:
Please send the completed form within 60 days from the date of this information letter to the following authority or entity: … at the following address … |
INFORMATION
(Where the information letter is sent by the entity responsible for levying the road fee pursuant to Article 25):
If the road fee due is not paid within the deadline set out in this information letter, this case will be forwarded to and examined by the competent authority of …
[name of the Member State in whose territory there was a failure to pay a road fee].
If this case is not pursued, you will be informed within 60 days after receipt of the reply form or the proof of payment. (1)
/
(Where the information letter is sent by the competent authority of the Member State):
This case will be examined by the competent authority of …
[name of the Member State in whose territory there was a failure to pay a road fee].
If this case is not pursued, you will be informed within 60 days after receipt of the reply form or the proof of payment. (1)
| (1) | Delete if not applicable. |
If this case is pursued, the following procedure applies:
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
…
[to be filled in by the Member State in whose territory there was a failure to pay a road fee – what the further procedure will be, Including details of the possibility and procedure of appeal against the decision to pursue the case. These details shall In any event include: name and address of the authority or entity in charge of pursuing the case; deadline for payment; name and address of the body of appeal concerned; deadline for appeal].
This letter as such does not lead to legal consequences.
Data protection disclaimer
[Where Regulation (EU) 2016/679 is applicable:
In accordance with Regulation (EU) 2016/679, you have the right to request access to, and rectification or erasure of, personal data or restriction of processing of your personal data or to object to the processing, as well as the right to data portability. You also have the right to lodge a complaint with [name and address of the relevant supervisory authority].
[Where Directive (EU) 2016/680 is applicable:
In accordance with [name of the national law applying Directive (EU) 2016/680], you have the right to request from the controller access to and rectification or erasure of personal data and restriction of processing of your personal data. You also have the right to lodge a complaint with [name and address of the relevant supervisory authority].]
ANNEX III
PART A
Repealed Directive with the amendment thereto
(referred to in Article 33)
| Directive 2004/52/EC of the European Parliament and of the Council | OJ L 166, 30.4.2004, p. 124. |
| Regulation (EC) No 219/2009 of the European Parliament and of the Council | OJ L 87, 31.3.2009, p. 109. |
PART B
Time-limit for transposition into national law
(referred to in Article 33)
| Directive | Time-limit for transposition |
| Directive 2004/52/EC | 20 November 2005 |
ANNEX IV
Correlation Table
| Directive 2004/52/EC | This Directive |
| Article 1(1) | Article 1(1), first subparagraph (a) |
| — | Article 1(1), first subparagraph (b) |
| Article 3(2), first sentence | Article 1(1), second subparagraph |
| Article 1(2), introductory wording | Article 1(2), introductory wording |
| Article 1(2)(a) | Article 1(2)(a) |
| Article 1(2)(b) | — |
| Article 1(2)(c) | Article 1(2)(b) |
| — | Article 1(3) |
| Article 1(3) | Article 1(4) |
| — | Article 1(5) |
| — | Article 1(6) |
| — | Article 2 |
| Article 2(1) | Article 3(1), first subparagraph |
| — | Article 3(1), second subparagraph |
| Article 2(2), first sentence | — |
| Article 4(7) | Article 3(2) |
| — | Article 3(3) |
| Article 2(2), second and third sentence | Article 3(4) |
| Article 2(2), fourth sentence | — |
| — | Article 3(5) |
| — | Article 3(6) |
| Article 2(3) | — |
| Article 2(4) | — |
| Article 2(5) | — |
| Article 2(6) | — |
| Article 2(7) | Article 27 |
| Article 3(1) | — |
| Article 3(2), first sentence | Article 1(1), second subparagraph |
| Article 3(2), second sentence | — |
| Article 3(2), third sentence | |
| Article 3(3) | |
| Article 3(4) | — |
| Article 4(1) | |
| Article 4(2) | — |
| Article 4(3) | |
| Article 4(4) | — |
| Article 4(5) | — |
| Article 4(7) | Article 3(2) |
| Article 4(8) | Article 5(4) |
| — | Article 23 |
| — | Article 24 |
| — | Article 26 |
| Article 2(7) | Article 27 |
| — | Article 28 |
| — | Article 29 |
| — | Article 30 |
| Article 5 | Article 31 |
| Article 6 | Article 32(1) |
| — | Article 32(2) |
| — | Article 33 |
| Article 7 | Article 34 |
| Article 8 | Article 35 |
| Annex | — |
| — | Annex I |
| — | Annex II |
| — | Annex III |
| — | Annex IV |