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14.10.2011 Official
Journal
of
the
European
Union
L
269/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2011/76/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 27 September 2011
amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
instruments to improve transport infrastructure and the
EUROPEAN UNION,
use of technologies and to enable the more efficient
management of transport demand through, in particular,
Having regard to the Treaty on the Functioning of the European
the promotion of the renewal of the fleet, a more
Union, and in particular Article 91(1) thereof,
efficient use of infrastructures and co-modality. This
calls for further recourse to the ‘user pays’ principle
Having regard to the proposal from the European Commission,
and the development and the implementation of the
‘polluter pays’ principle in the transport sector in all
Having regard to the Opinion of the European Economic and
modes of transport.
Social Committee ( 1 ),
Having regard to the Opinion of the Committee of the
(4) Directive
1999/62/EC
of
the
European
Parliament
and
of
Regions ( 2 ),
the Council ( 4 ) called on the Commission to present a
model for the assessment of all external costs arising
Acting in accordance with the ordinary legislative procedure ( 3 ),
from use of the transport infrastructure to serve as the
basis for future calculations of infrastructure charges.
Whereas:
That model was to be accompanied by an impact
analysis of the internalisation of external costs for all
(1) The
promotion
of
sustainable
transport
is
a
key
element
modes of transport and a strategy for a stepwise imple
of the common transport policy. To this end, the
mentation of the model and, if appropriate, by proposals
contribution of the transport sector to climate change
for further revision of that Directive.
and its negative impacts should be reduced, in particular
congestion, which impedes mobility, and air and noise
pollution, which create health and environmental
damage. Moreover environmental protection (5)
In order to move towards a sustainable transport policy,
requirements must be integrated into the definition and
transport prices should better reflect the costs related to
implementation of other Union policies, including the
traffic-based air and noise pollution, climate change, and
common transport policy.
congestion caused by the actual use of all modes of
transport, as a means of optimising the use of infra
structure, reducing local pollution, managing congestion
(2) The
objective
of
reducing
the
negative
impacts
of
transport should be achieved in such a way as to avoid
and combating climate change at the least cost for the
disproportionate obstacles to the freedom of movement
economy. This calls for a stepwise approach in all
in the interest of sound economic growth, the proper
transport modes, taking into account their particular
functioning of the internal market and territorial
characteristics.
cohesion.
(3) To
optimise
the
transport
system
accordingly,
the (6) Transport
modes
have
already
started
to
internalise
common transport policy should use a variety of
external costs and the relevant Union legislation either
phases in such internalisation or at least does not prevent
( 1 ) OJ C 255, 22.9.2010, p. 92.
it. However, this process needs to be monitored and
( 2 ) OJ C 120, 28.5.2009, p. 47.
encouraged further for all modes of transport applying
( 3 ) Position of the European Parliament of 11 March 2009 (OJ C 87 E,
common principles while taking into account the
1.4.2010, p. 345) and position of the Council at first reading of
specificity of each mode.
14 February 2011 (OJ C 77 E, 11.3.2011, p. 1). Position of the
European Parliament of 7 June 2011 (not yet published in the
Official Journal) and Council decision of 12 September 2011.
( 4 ) OJ L 187, 20.7.1999, p. 42.

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L 269/2
EN
Official Journal of the European Union
14.10.2011
(7)
In the road transport sector, tolls calculated as distance-
(13) Time-based user charges constitute a useful system for
based charges for the use of infrastructure constitute a
already applying the ‘user pays’ principle when a charging
fair and efficient economic instrument to achieve a
system based on distance travelled, which better reflects
sustainable transport policy, since they relate directly to
the actual use of infrastructure, is currently not imple
the use of infrastructure, the environmental performance
mented. Time-based user charges levied on a daily,
of vehicles and the place and time of use of vehicles and
weekly, monthly or annual basis should not discriminate
can therefore be set at a level which reflects the cost of
against occasional users, since a high proportion of such
pollution and congestion caused by the actual use of
users are likely to be non-national hauliers. A more
vehicles. Moreover, tolls do not create any distortion of
detailed ratio between daily, weekly, monthly and
competition within the internal market since they are
annual rates should therefore be fixed for heavy goods
payable by all operators irrespective of their Member
vehicles.
State of origin or establishment and in proportion to
the intensity of use of the road network.
(14) In
order
to
ensure
that
European
hauliers
receive
clear
price signals, which act as an incentive to optimise
behaviour, efforts should be made in the medium term
(8) The
impact
analysis
shows
that
applying
tolls
calculated
to bring about convergence in the methods which the
on the basis of the cost of pollution, and, on congested
Member States use to calculate external costs.
roads, on the basis of the higher variation of toll rates
during peak periods could have a positive effect on the
transport system and contribute to the Union strategy on
climate change. It could reduce congestion and local
pollution by encouraging the use of cleaner vehicle tech
(15) A
clear
and
transparent
implementation
of
the
charging
schemes could lead to a better functioning of the internal
nologies, optimising logistic behaviour and reducing
market. Therefore, inconsistent charging schemes should
empty returns. It could indirectly play an important
be avoided in order not to distort competition in inter
role in reducing fuel consumption and contributing to
national goods transport on the trans-European road
combating climate change.
network or on certain sections of that network, and on
any additional sections of those interlinked networks or
motorways which are not part of the trans-European
road network. The same charging principles should, in
(9) This
Directive
does
not
prevent
Member
States
from
particular, be applied to any section of the motorway
applying national rules for charging other road users
network of a Member State.
outside the scope of this Directive.
(16) Member
States
should
have
the
option
of
charging
the
maximum level of the infrastructure costs and external
(10) The
costs
of
traffic-based
air
and
noise
pollution,
such
as
costs permitted by this Directive through tolls, but
health costs, including medical care, crop losses and
should be able to choose to charge one or both of
other loss of production, and welfare costs, are borne
those costs at a lower level or not to charge them at all.
within the territory of the Member State in which the
transport takes place. The polluter pays principle will be
implemented through the external-cost charging which
will contribute to the reduction of external costs.
(17) When
determining
the
network
on
which
to
apply
an
external-cost charge, Member States should be able to
choose not to levy external-cost charges on certain
roads in order to improve access to, and the competi
tiveness of, peripheral, landlocked and island regions.
(11) For
the
purpose
of
this
Directive,
the
model
devised
by

the Commission for calculating traffic-based air and noise
pollution external costs provides reliable methods and a
range of unit values which may already serve as a basis
for the calculation of external-cost charges.
(18) It
should
be
possible
to
add
to
an
infrastructure
charge
an external-cost element based on the cost of traffic-
based air and noise pollution. The external-cost element
included in tolls should be permitted to be added to the
cost of use of infrastructure, provided that certain
(12) There
are
still
uncertainties
about
the
costs
and
benefits
conditions are respected in the calculation of costs so
of the systems required to enforce differentiated charges
as to avoid undue charging.
on roads with low traffic. Until such uncertainties are
dealt with, a flexible approach at Union level appears
most appropriate. This flexible approach should leave
Member States the option to decide whether and on
(19) To
better
reflect
the
cost
of
traffic-based
air
and
noise
which roads to introduce external-cost charges on the
pollution, the external-cost charge should vary according
basis of the local and national characteristics of the
to the type of roads, type of vehicles and, for noise, the
network.
time periods involved.

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EN
14.10.2011 Official
Journal
of
the
European
Union
L
269/3
(20) Congestion
has
a
negative
impact,
in
that
for
the
road
Union guidelines for the development of the trans-
users in general, it means a loss of time and a waste of
European transport network ( 2 ), Member States which
fuel. Differentiation of infrastructure charges offers a tool
have the possibility of applying a mark-up should use
to manage congestion, provided that the differentiated
that option before levying an external-cost charge. To
tolls give a clear and meaningful price signal to road
avoid an undue charging of users, an external-cost
users to modify their behaviour and to avoid congested
charge should not be combined with a mark-up unless
road sections during peak periods.
the external costs exceed the amount of the mark-up
already levied. In such a case, it is thus appropriate
that the amount of the mark-up should be deducted
from the external-cost charge.
(21) When
a
variation
for
the
purpose
of
reducing
congestion
is applied on a certain road section, the variation should
be devised and applied in a revenue-neutral way which
grants significant financial advantages to hauliers who
(27) Discounts or reductions of the external-cost charge
use the road section concerned during off-peak periods
should not be permitted, as there would be a significant
over those who use it during peak hours.
risk that they would unduly discriminate against certain
categories of users.
(22) Directive
2002/49/EC
of
the
European
Parliament
and
of
the Council of 25 June 2002 relating to the assessment
and management of environmental noise (
(28) Subject
to
the
relevant
provisions
of
the
Treaty
on
the

1 ) already
provides a basis for developing and completing the set
Functioning of the European Union on State Aid,
of Union measures concerning noise emitted by road
incentive measures should be permitted for trips
vehicles and infrastructure by requiring competent
involving expensive modal transfers, such as road-sea-
authorities to draw up strategic noise maps for major
road, in the interest of territorial cohesion and the
roads and to draw up action plans to reduce noise
accessibility and competitiveness of peripheral, land
where exposure levels can induce harmful effects on
locked and island regions.
human health.
(29) It
should
be
possible
to
permit
discounts
or
reductions
of
(23) The
smooth
functioning
of
the
internal
market
requires
a
the infrastructure charge under certain circumstances for
Union framework in order to ensure that road charges
any category of users, such as frequent users or users of
set on the basis of the local cost of traffic-based air and
electronic toll systems.
noise pollution and on the basis of congestion are trans
parent, proportionate and non-discriminatory. That
framework should include common charging principles,
calculation methods, maximum levels and unit values of
(30) Charging external costs through tolls will be more
external costs based on acknowledged scientific methods,
effective in influencing user decisions if they are aware
as well as procedures for notifying and reporting tolling
of such costs. Therefore, those costs should be identified
schemes to the Commission.
separately on a statement, on a bill or on an equivalent
document provided by the toll operator. Furthermore,
such a document would facilitate hauliers in passing on
the cost of the external-cost charge to the shipper or to
(24) If
an
authority
is
designated
by
a
Member
State
to
set
the
any other clients.
external-cost charge, it should have no vested interest in
setting the amount at an undue level and should
therefore be independent from the body which collects
and manages toll revenue.
(31) The
use
of
electronic
toll
systems
is
desirable
to
avoid
disruption of the free flow of traffic and to prevent
adverse effects on the local environment caused by
(25) The
corridor
on
which
a
mark-up
is
allowed
can
include
queues at toll barriers. It is therefore desirable to levy
parallel and directly competing mountainous road
an external-cost charge by means of such systems, in
sections within a reasonable distance to which the
compliance with Directive 2004/52/EC of the European
traffic may be diverted as a result of the introduction
Parliament and of the Council of 29 April 2004 on the
of the mark-up. In cross-border projects, the application
interoperability of electronic road toll systems in the
of this provision should be agreed upon by the Member
Community ( 3 ). With a view to facilitating the proper
States concerned and by the Commission.
functioning of the internal market, the Commission
should monitor progress made in the framework of
Directive 2004/52/EC to implement within the agreed
dates a genuine European Electronic Toll Service which
(26) In order to give precedence to the construction of the
limits the number of electronic toll devices in a given
priority projects of European interest identified in Annex
vehicle to one unit which is fully compatible with the
III to Decision No 661/2010/EU of the European
electronic fee collection systems of all the Member States.
Parliament and of the Council of 7 July 2010 on
( 2 ) OJ L 204, 5.8.2010, p. 1.
( 1 ) OJ L 189, 18.7.2002, p. 12.
( 3 ) OJ L 166, 30.4.2004, p. 124.

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L 269/4
EN
Official Journal of the European Union
14.10.2011
(32) While
decisions
on
national
public
expenditure,
including
higher external-cost charges should be permitted to the
the use of revenues generated under this Directive, are, in
extent that objective scientific data prove that air and
line with the principle of subsidiarity, a matter for
noise pollution cause greater damage in those
Member States, the additional revenue generated from
mountain areas due to geographic circumstances and
external-cost charges, or the equivalent in financial
physical phenomena such as the gradient of roads,
value of these revenues, in accordance with the
temperature inversions and the amphitheatre effect of
transport policy objectives of this Directive, should be
valleys.
used to benefit the transport sector and to promote
sustainable mobility in general. Such projects should
therefore relate to, inter alia, facilitating efficient
(38) In
order
to
ensure
uniform
conditions
for
the
implemen
pricing, reducing road transport pollution at source, miti
tation of this Directive, implementing powers should be
gating its effects, improving the CO 2 and energy
conferred on the Commission. Those powers should be
performance of vehicles, developing alternative infra
exercised in accordance with Regulation (EU) No
structure for transport users, optimising logistics or
182/2011 of the European Parliament and of the
improving road safety.
Council of 16 February 2011 laying down the rules
and general principles concerning mechanisms for
control by Member States of the Commission’s exercise
of implementing powers (
(33) In order to promote the interoperability of tolling

3 ).
arrangements, and subject to compliance with certain
conditions, two or more Member States should be
permitted to cooperate in introducing common systems
(39) The Commission should be empowered to adopt
of tolls.
delegated acts in accordance with Article 290 of the

Treaty on the Functioning of the European Union in
respect of certain adaptations of the Annexes. It is of
particular importance that the Commission carry out
(34) The Commission should send in due time to the
appropriate consultations during its preparatory work,
European Parliament and to the Council a comprehensive
including at expert level.
assessment of the experience acquired in the Member
States which apply an external-cost charge and/or an
infrastructure charge in accordance with this Directive.
(40) In
accordance
with
point
34
of
the
Interinstitutional
Agreement on better law-making ( 4 ), Member States are
encouraged to draw up, for themselves and in the
interests of the Union, their own tables illustrating, as
(35) Council
Regulation
(EC)
No
1083/2006
of
11
July
2006
laying down general provisions on the European
far as possible, the correlation between this Directive
Regional Development Fund, the European Social Fund
and the transposition measures, and to make them
and the Cohesion Fund (
public.

1 ) provides that the revenue
generated by charges borne directly by users must be
considered in the determination of the funding-gap in
the case of a revenue-generating project. However,
(41) Since
the
objective
of
this
Directive,
namely
to
encourage
differentiated charging based on external costs as a
revenue generated by external-cost charges should not
means towards sustainable transport, cannot be
be considered in calculation of the funding-gap, since
sufficiently achieved by the Member States alone, and
this revenue should be spent on projects aimed at
can therefore, by reason of the importance of the
reducing road transport pollution at the source, miti
cross-border dimension of transport, be better achieved
gating its effects, improving the CO 2 and energy
at Union level, the Union may adopt measures in
performance of vehicles, and developing alternative infra
accordance with the principle of subsidiarity, as set out
structure for transport users.
in Article 5 of the Treaty on European Union. In
accordance with the principle of proportionality, as set
out in that Article, this Directive does not go beyond
(36) When
implementing
alternative
scientific
methods
for
what is necessary in order to achieve that objective,
calculating external-cost charges, Member States should
be able to take into account the methods for calculating
the values of monetary costs of externalities that are
HAVE ADOPTED THIS DIRECTIVE:
provided by the study ‘Handbook on estimation of
external costs in the transport sector’ ( 2 ), which gives
an overview of the state of the art in the theory and
Article 1
practice of estimating external costs.
Directive 1999/62/EC is hereby amended as follows:
(37) In
mountain
areas
as
described
in
the
study
‘Mountain
(1) Article 2 is amended as follows:
areas in Europe: analysis of mountain areas in EU
Member States, acceding and other European countries’
commissioned by the European Commission in 2004,
(a) the following point is inserted:
( 1 ) OJ L 210, 31.7.2006, p. 25.
( 3 ) OJ L 55, 28.2.2011, p. 13.
( 2 ) http://ec.europa.eu/transport/costs/handbook/index_en.htm
( 4 ) OJ C 321, 31.12.2003, p. 1.

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EN
14.10.2011 Official
Journal
of
the
European
Union
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269/5
‘(ad) “motorway” means a road specially designed and
(d) point (d) is replaced by the following:
built for motor traffic, which does not serve
properties bordering on it, and which:
‘(d) “vehicle” means a motor vehicle or articulated
(i) is provided, except at special points or
vehicle combination intended or used for the
temporarily, with separate carriageways for
carriage by road of goods and having a
the two directions of traffic, separated from
maximum permissible laden weight of over 3,5
each other either by a dividing strip not
tonnes;’;
intended for traffic or, exceptionally, by
other means;
(2) Articles 7, 7a and 7b are replaced by the following:
(ii) does not cross at grade with any road,
railway or tramway track, bicycle path or
‘Article 7
footpath; and
1. Without
prejudice
to
Article
9
paragraph
1a,
Member States may maintain or introduce tolls and/or
(iii) is specifically designated as a motorway;’;
user charges on the trans-European road network or on
certain sections of that network, and on any other addi
(b) points (b) and (ba) are replaced by the following:
tional sections of their network of motorways which are
not part of the trans-European road network under the
conditions laid down in paragraphs 2, 3, 4 and 5 of
‘(b) “toll” means a specified amount payable for a
this Article and in Articles 7a to 7k. This shall be
vehicle based on the distance travelled on a
without prejudice to the right of Member States, in
given infrastructure and on the type of the
compliance with the Treaty on the Functioning of the
vehicle comprising an infrastructure charge
European Union, to apply tolls and/or user charges on
and/or an external-cost charge;
other roads, provided that the imposition of tolls and/or
user charges on such other roads does not discriminate
(ba) “infrastructure charge” means a charge levied for
against international traffic and does not result in the
the purpose of recovering the construction, the
distortion of competition between operators.
maintenance, the operation and the development
costs related to infrastructure incurred in a
Member State;’;
2. Member
States
shall
not
impose
both
tolls
and
user
charges on any given category of vehicle for the use of a
single road section. However, a Member State which
(c) the following points are inserted:
imposes a user charge on its network may also impose
tolls for the use of bridges, tunnels and mountain passes.
‘(bb) “external-cost charge” means a charge levied for
the purpose of recovering the costs incurred in a
Member State related to traffic-based air pollution
3. Tolls
and
user
charges
shall
not
discriminate,
directly
and/or traffic-based noise pollution;
or indirectly, on the grounds of the nationality of the
haulier, the Member State or the third country of estab
lishment of the haulier or of registration of the vehicle, or
(bc) “cost of traffic-based air pollution” means the cost
the origin or destination of the transport operation.
of the damage caused by the release of particulate
matter and of ozone precursors, such as nitrogen
oxide and volatile organic compounds, in the
4. Member
States
may
provide
for
reduced
toll
rates
or
course of the operation of a vehicle;
user charges, or exemptions from the obligation to pay
tolls or user charges for vehicles exempted from the
(bd) “cost of traffic-based noise pollution” means the
requirement to install and use recording equipment
cost of the damage caused by the noise emitted
under Council Regulation (EEC) No 3821/85 of
by the vehicles or created by their interaction
20 December 1985 on recording in road transport (*),
with the road surface;
and in cases covered by, and subject to the conditions
set out in, Article 6(2)(a) and (b) of this Directive.
(be) “weighted average infrastructure charge” means
the total revenue of an infrastructure charge
5. A
Member
State
may
choose
to
apply
tolls
and/or
over a given period divided by the number of
user charges only to vehicles having a maximum
vehicle kilometres travelled on the road sections
permissible laden weight of not less than 12 tonnes if it
subject to the charge during that period;
considers that an extension to vehicles of less than 12
tonnes would, amongst others:
(bf) “weighted average external-cost charge” means the
total revenue of an external-cost charge over a
given period divided by the number of vehicle
(a) create significant adverse effects on the free flow of
kilometres travelled on the road sections subject
traffic, the environment, noise levels, congestion,
to the charge during that period;’;
health, or road safety due to traffic diversion;

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L 269/6
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Official Journal of the European Union
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(b) involve administrative costs of more than 30 % of the
the most stringent EURO emission standards until four
additional revenue which would have been generated
years after the dates of application laid down in the
by that extension.
rules which introduced those standards.
Member States choosing to apply tolls and/or user charges
only to vehicles having a maximum permissible laden
4. The
amount
of
the
external-cost
charge
shall
be
set
weight of not less than 12 tonnes shall inform the
by the Member State concerned. If a Member State
Commission of their decision and on the reasons therefor.
designates an authority for this purpose, the authority
shall be legally and financially independent from the
organisation in charge of managing or collecting part or
Article 7a
all of the charge.
1. User
charges
shall
be
proportionate
to
the
duration
of the use made of the infrastructure, not exceeding the
values stipulated in Annex II, and shall be valid for a day, a
Article 7d
week, a month or a year. The monthly rate shall be no
By one year after the adoption of future and more
more than 10 % of the annual rate, the weekly rate shall
stringent EURO emission standards, the European
be no more than 5 % of the annual rate and the daily rate
Parliament and the Council shall, in accordance with the
shall be no more than 2 % of the annual rate.
ordinary legislative procedure, determine the corre
sponding maximum values in Annex IIIb.
A Member State may apply only annual rates for vehicles
registered in that Member State.
Article 7e
2. Member
States
shall
set
user
charges,
including
1. Member
States
shall
calculate
the
maximum
level
of
administrative costs, for all vehicle categories, at a level
infrastructure charge using a methodology based on the
which is no higher than the maximum rates laid down
core calculation principles set out in Annex III.
in Annex II.
Article 7b
2. For concession tolls, the maximum level of the infra
structure charge shall be equivalent to, or less than, the
1. The
infrastructure
charge
shall
be
based
on
the
level that would have resulted from the use of a
principle of the recovery of infrastructure costs. The
methodology based on the core calculation principles set
weighted average infrastructure charge shall be related to
out in Annex III. The assessment of such equivalence shall
the construction costs and the costs of operating, main
be made on the basis of a reasonably long reference period
taining and developing the infrastructure network
appropriate to the nature of the concession contract.
concerned. The weighted average infrastructure charge
may also include a return on capital and/or a profit
margin based on market conditions.
3. Tolling
arrangements
which
were
already
in
place
on
10 June 2008 or for which tenders or responses to invi
tations to negotiate under the negotiated procedure were
2. The
costs
taken
into
account
shall
relate
to
the
received pursuant to a public procurement process before
network or the part of the network on which infra
10 June 2008 shall not be subject to the obligations set
structure charges are levied and to the vehicles that are
out in paragraphs 1 and 2 for as long as those
subject thereto. Member States may choose to recover only
arrangements remain in force and provided that they are
a percentage of those costs.
not substantially amended.
Article 7c
Article 7f
1. The
external-cost
charge
may
be
related
to
the
cost
of traffic-based air pollution. On road sections crossing
1. In
exceptional
cases
concerning
infrastructure
in
areas with a population exposed to road traffic-based
mountainous regions, and after informing the
noise pollution, the external-cost charge may include the
Commission, a mark-up may be added to the infra
cost of traffic-based noise pollution.
structure charge levied on specific road sections which
are subject to acute congestion, or the use of which by
The external-cost charge shall vary and be set in
vehicles is the cause of significant environmental damage,
accordance with the minimum requirements and the
on condition that:
methods as specified in Annex IIIa and shall respect the
maximum values set out in Annex IIIb.
(a) the revenue generated from the mark-up is invested in
financing the construction of priority projects of
2. The
costs
taken
into
account
shall
relate
to
the
European interest, identified in Annex III to Decision
network or the part of the network on which external-
No 661/2010/EU of the European Parliament and of
cost charges are levied and to the vehicles that are subject
the Council of 7 July 2010 on Union guidelines for
thereto. Member States may choose to recover only a
the development of the trans-European transport
percentage of those costs.
network (**), which contribute directly to the
alleviation of the congestion or environmental
3. The
external-cost
charge
related
to
traffic-based
air
damage and which are located in the same corridor
pollution shall not apply to vehicles which comply with
as the road section on which the mark-up is applied;

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(b) the mark-up does not exceed 15 % of the weighted
such a way that no infrastructure charge is more than
average infrastructure charge calculated in accordance
100 % above the same charge for equivalent vehicles
with Article 7b(1) and Article 7e, except where the
meeting the strictest emission standards. Existing
revenue generated is invested in cross-border sections
concession contracts are exempted from this requirement
of priority projects of European interest involving
until the contract is renewed.
infrastructure in mountainous regions, in which case
the mark-up may not exceed 25 %;
A Member State may nevertheless derogate from the
requirement of varying the infrastructure charge if:
(c) the application of the mark-up does not result in
unfair treatment of commercial traffic compared to
(i) this would seriously undermine the coherence of the
other road users;
tolling systems in its territory;
(d) a description of the exact location of the mark-up and
(ii) it would not be technically practicable to introduce
proof of a decision to finance the construction of
such differentiation in the tolling system concerned;
priority projects referred to in point (a) are
submitted to the Commission in advance of the appli
(iii) this would lead to diversion of the most polluting
cation of the mark-up; and
vehicles with negative impacts on road safety and
public health; or
(e) the period for which the mark-up is to apply is defined
and limited in advance and is consistent, in terms of
(iv) the toll includes an external-cost charge.
the expected revenue to be raised, with the financial
plans and cost-benefit analysis for the projects co-
Any such derogations or exemptions shall be notified to
financed with the revenue from the mark-up.
the Commission.
The first subparagraph shall apply to new cross-border
2. Where, in the event of a check, a driver or, if appro
projects subject to the agreement of all Member States
priate, the haulier, is unable to produce the vehicle
involved in that project.
documents necessary to ascertain the EURO emission
class of the vehicle, Member States may apply tolls up
2. A
mark-up
may
be
applied
to
an
infrastructure
to the highest level chargeable.
charge which has been varied in accordance with
Article 7g.
3. The
infrastructure
charge
may
also
be
varied
for
the
purpose of reducing congestion, minimising infrastructure
3. After
receiving
the
required
information
from
a
damage and optimising the use of the infrastructure
Member State intending to apply a mark-up, the
concerned or promoting road safety, on condition that:
Commission shall make this information available to the
members of the Committee referred to in Article 9c. If the
(a) the variation is transparent, made public and available
Commission considers that the planned mark-up does not
to all users on equal terms;
meet the conditions set out in paragraph 1, or if it
considers that the planned mark-up will have significant
(b) the variation is applied according to the time of day,
adverse effects on the economic development of peripheral
type of day or season;
regions, it may reject or request amendment of the plans
for charges submitted by the Member State concerned.
(c) no infrastructure charge is more than 175 % above the
These implementing acts shall be adopted in accordance
maximum level of the weighted average infrastructure
with the advisory procedure referred to in Article 9c(2).
charge as referred to in Article 7b;
4. On
road
sections
where
the
criteria
for
applying
a
(d) the peak periods during which the higher infra
mark-up pursuant to paragraph 1 are met, the Member
structure charges are levied for the purpose of
States may not levy an external-cost charge unless a mark-
reducing congestion do not exceed five hours per day;
up is applied.
(e) the variation is devised and applied in a transparent
5. The
amount
of
the
mark-up
shall
be
deducted
from
and revenue neutral way on a road section affected by
the amount of the external-cost charge calculated in
congestion by offering reduced toll rates for hauliers
accordance with Article 7c, except for vehicles of EURO
who travel during off-peak periods and increased toll
emission classes 0, I and II from 15 October 2011, and III
rates for hauliers who travel during peak hours on the
from 2015 onwards. All these revenues generated by the
same road section; and
simultaneous application of the mark-up and the external
cost charges shall be invested in financing the construction
(f) a Member State wishing to introduce such variation or
of priority projects of European interest identified in
changing an existing one informs the Commission
Annex III to Decision No 661/2010/EU.
thereof and provides it with the information
necessary to ensure that the conditions are fulfilled.
Article 7g
Based on the information provided, the Commission
shall make public and regularly update a list
1. Member
States
shall
vary
the
infrastructure
charge
containing the periods and corresponding rates
according to the EURO emission class of the vehicle in
during which the variation is applied.

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L 269/8
EN
Official Journal of the European Union
14.10.2011
4. The
variations
referred
to
in
paragraphs
1
and
3
are
(b) the envisaged weighted average external-cost charge
not designed to generate additional toll revenue. Any unin
and the envisaged total revenue;
tended increase in revenue shall be counterbalanced by
changes to the structure of the variation which must be
(c) if appropriate, the name of the authority designated in
implemented within two years from the end of the
accordance with Article 7c(4) to set the amount of the
accounting year in which the additional revenue is
charge, and of its representative;
generated.
(d) the parameters, data and information necessary to
Article 7h
demonstrate how the calculation method set out in
Annex IIIa will be applied.
1. At least six months before the implementation of a
new infrastructure charge tolling arrangement, Member
States shall send to the Commission:
4. The
Commission
shall
take
a
decision
as
to
whether
the obligations of Articles 7b, 7c, 7j or 9(2) are complied
with by:
(a) for tolling arrangements other than those involving
concession tolls:
(a) six months after the submission of the file referred to
in paragraph 3; or
— the unit values and other parameters used in calcu
lating the various infrastructure cost elements, and
(b) where applicable, an additional three months after
receipt of additional information pursuant to
— clear information on the vehicles covered by the
paragraph 3 requested by the Commission.
tolling arrangements, the geographic extent of the
network, or part of the network, used for each cost
The Member State concerned shall adapt the proposed
calculation, and the percentage of costs that are
external-cost charge in order to be in conformity with
intended to be recovered;
the decision. The decision of the Commission shall be
made available to the Committee referred to in
Article 9c, to the European Parliament and to the Council.
(b) for tolling arrangements involving concession tolls:
Article 7i
— the concession contracts or significant changes to
such contracts,
1. Member
States
shall
not
provide
for
discounts
or
reductions for any users in relation to the external-cost
charge element of a toll.
— the base case on which the grantor has founded
the notice of concession, as referred to in Annex
VII B to Directive 2004/18/EC of the European
2. Member
States
may
provide
for
discounts
or
Parliament and of the Council of 31 March 2004
reductions to the infrastructure charge on condition that:
on the coordination of procedures for the award of
public works contracts, public supply contracts and
(a) the resulting charging structure is proportionate, made
public service contracts (***); this base case shall
public and available to users on equal terms and does
include the estimated costs as defined in
not lead to additional costs being passed on to other
Article 7b(1) envisaged under the concession, the
users in the form of higher tolls;
forecast traffic, broken down by type of vehicle,
the levels of toll envisaged and the geographic
(b) such discounts or reductions lead to actual savings in
extent of the network covered by the concession
administrative costs; and
contract.
(c) do not exceed 13 % of the infrastructure charge paid
2. Within
six
months
of
receiving
all
the
necessary
by equivalent vehicles not eligible for the discount or
information in accordance with paragraph 1, the
reduction.
Commission shall give an opinion as to whether the obli
gations of Article 7e are complied with. The opinions of
3. Subject to the conditions provided for in
the Commission shall be made available to the Committee
Article 7g(3)(b) and in Article 7g(4), toll rates may, in
referred to in Article 9c.
exceptional cases, namely for specific projects of high
European interest identified in Annex III to Decision No
3. Before
the
implementation
of
a
new
external-cost
661/2010/EU, be subject to other forms of variation in
charge tolling arrangement, Member States shall send the
order to secure the commercial viability of such projects
Commission:
where they are exposed to direct competition with other
modes of vehicle transport. The resulting charging
structure shall be linear, proportionate, made public, and
(a) precise information locating the road sections where
available to all users on equal terms and shall not lead to
the external-cost charge is to be levied and describing
additional costs being passed on to other users in the form
the class of vehicles, type of roads and the exact time
of higher tolls. The Commission shall verify compliance
periods according to which the external-cost charge
with those conditions prior to the implementation of the
will vary;
charging structure in question.

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EN
14.10.2011 Official
Journal
of
the
European
Union
L
269/9
Article 7j
combined territories as a whole. In such a case, those
Member States shall ensure that the Commission is
1. Tolls and user charges shall be applied and collected
informed about such cooperation and the system’s
and their payment monitored in such a way as to cause as
subsequent operation and possible amendment.
little hindrance as possible to the free flow of traffic and to
avoid any mandatory controls or checks at the Union’s
internal borders. To this end, Member States shall
2. The
common
toll
system
shall
be
subject
to
the
cooperate in establishing methods for enabling hauliers
conditions set out in Articles 7 to 7k. Other Member
to pay tolls and user charges 24 hours a day, at least at
States may join the common system.’;
major sales outlets, using common means of payment,
inside and outside the Member States in which they are
(4) in Article 9, paragraphs 1a and 2 are replaced by the
applied. Member States shall provide adequate facilities at
following:
the points of payment for tolls and user charges so as to
maintain normal road safety standards.
‘1a. This
Directive
shall
not
prevent
the
non-discrimi
natory application by Member States of regulatory charges
2. The
arrangements
for
collecting
tolls
and
user
specifically designed to reduce traffic congestion or combat
charges shall not, financially or otherwise, place non-
environmental impacts, including poor air quality, on any
regular users of the road network at an unjustified disad
roads located in an urban area, including trans-European
vantage. In particular, where a Member State collects tolls
network roads crossing urban areas.
or user charges exclusively by means of a system that
requires the use of a vehicle on-board unit, it shall
ensure that appropriate on-board units compliant with
2. Member
States
shall
determine
the
use
of
revenues
the requirements of Directive 2004/52/EC of the
generated by this Directive. To enable the transport
European Parliament and of the Council of 29 April
network to be developed as a whole, revenues generated
2004 on the interoperability of electronic road toll
from infrastructure and external costs charges, or the
systems in the Community (****) can be obtained by all
equivalent in financial value of these revenues, should be
users under reasonable administrative and economic
used to benefit the transport sector, and optimise the
arrangements.
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
3. If a Member State levies a toll on a vehicle, the total
more sustainable, including one or more of the following:
amount of the toll, the amount of the infrastructure charge
and/or the amount of the external-cost charge shall be
indicated in a receipt provided to the haulier, as far as
(a) facilitating efficient pricing;
possible by electronic means.
(b) reducing road transport pollution at source;
4. Where
economically
feasible,
Member
States
shall
levy and collect external-cost charges by means of an elec
(c) mitigating the effects of road transport pollution at
tronic system which complies with the requirements of
source;
Article 2(1) of Directive 2004/52/EC. The Commission
shall promote cooperation between Member States that
may prove necessary to ensure the interoperability of elec
(d) improving the CO 2 and energy performance of
tronic toll collection systems at European level.
vehicles;
Article 7k
(e) developing alternative infrastructure for transport users
and/or expanding current capacity;
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
(f) supporting the trans-European transport network;
introduce a system of tolls and/or user charges for infra
structure to provide appropriate compensation for those
(g) optimising logistics;
charges.
(h) improving road safety; and
___________
(*) OJ L 370, 31.12.1985, p. 8.
(i) providing secure parking places.
(**) OJ L 204, 5.8.2010, p. 1.
(***) OJ L 134, 30.4.2004, p. 114.
(****) OJ L 166, 30.4.2004, p. 124.’;
This paragraph shall be deemed to be applied by Member
States, if they have in place and implement fiscal and
financial support policies which leverage financial
(3) After Article 8a, the following Article is added:
support to the trans-European network and which have
an equivalent value of at least 15 % of the revenues
generated from infrastructure and external cost charges
‘Article 8b
in each Member State.’;
1. Two
or
more
Member
States
may
cooperate
in
intro
ducing a common system for tolls applicable to their
(5) Articles 9b and 9c are replaced by the following:

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L 269/10
EN
Official Journal of the European Union
14.10.2011
‘Article 9b
At the initiative of the European Parliament or the Council
this period shall be extended by two months.
The Commission shall facilitate dialogue and the exchange
of technical know-how between Member States in relation
to the implementation of this Directive and in particular
2. If,
on
expiry
of
that
period,
neither
the
European
the Annexes.
Parliament nor the Council has objected to the delegated
act, it shall be published in the Official Journal of the
Article 9c
European Union and shall enter into force at the date
1. The
Commission
shall
be
assisted
by
a
committee.
stated therein.
That committee shall be a committee within the meaning
of Regulation (EU) No 182/2011of the European
The delegated act may be published in the Official Journal
Parliament and of the Council of 16 February 2011
of the European Union and enter into force before the expiry
laying down the rules and general principles concerning
of that period if the European Parliament and the Council
mechanisms for control by Member States of the
have both informed the Commission of their intention not
Commission’s exercise of implementing powers (*).
to raise objections.
2. Where
reference
is
made
to
this
paragraph,
Article
4
of Regulation (EU) No 182/2011 shall apply.
3. If the European Parliament or the Council objects to
Article 9d
a delegated act, it shall not enter into force. The institution
which objects shall state the reasons for objecting to the
The Commission shall adopt delegated acts in accordance
delegated act.
with Article 290 of the Treaty on the Functioning of the
European Union as regards:
___________
— the adaptation of Annex 0 to the Union acquis,
(*) OJ L 55, 28.2.2011, p. 13.’;
— the adaptation of the formulas of sections 4.1 and 4.2
of Annex IIIa to scientific and technical progress.
The procedures set out in Articles 9e, 9f and 9g shall
(6) in Article 10(1), the words ‘European Communities’ are
apply to the delegated acts referred to in this Article.
replaced by the words ‘European Union’;
Article 9e
(7) after Article 10, the following Article is inserted:
1. The power to adopt the delegated acts referred to in
Article 9d shall be conferred on the Commission for an
‘Article 10a
indeterminate period of time.
1. The amounts in euro as laid down in Annex II and
2. As
soon
as
it
adopts
a
delegated
act,
the
Commission
the amounts in cent as laid down in Tables 1 and 2 in
shall notify it simultaneously to the European Parliament
Annex IIIb shall be reviewed every two years starting on
and the Council.
1 January 2013, in order to take account of changes in the
3. The
power
to
adopt
delegated
acts
is
conferred
on
EU-wide Harmonised Index of Consumer Prices excluding
the Commission subject to the conditions laid down in
energy and unprocessed food (as published by the
Articles 9f and 9g.
Commission (Eurostat)).
Article 9f
The amounts shall be adapted automatically, by increasing
1. The
delegation
of
power
referred
to
in
Article
9d
the base amount in euro or cent by the percentage change
may be revoked by the European Parliament or by the
in that index. The resulting amounts shall be rounded up
Council.
to the nearest euro with regard to Annex II, rounded up to
2. The
institution
which
has
commenced
an
internal
the nearest tenth of a cent with regard to Table 1 in
procedure for deciding whether to revoke the delegation
Annex IIIb and rounded up to the nearest hundredth of
of power shall endeavour to inform the other institution
a cent with regard to Table 2 in Annex IIIb.
and the Commission within a reasonable time before the
final decision is taken, indicating the delegated power
2. The
Commission
shall
publish
in
the Official Journal
which could be subject to revocation and possible
of the European Union the adapted amounts referred to in
reasons for a revocation.
paragraph 1. Those adapted amounts shall enter into force
3. The
decision
of
revocation
shall
put
an
end
to
the
on the first day of the month following publication.’;
delegation of the power specified in that decision and shall
take effect immediately or at a later date specified therein.
(8) Article 11 is replaced by the following:
It shall not affect the validity of the delegated acts already
in force. It shall be published in the Official Journal of the
European Union.
‘Article 11
Article 9g
1. By
16
October
2014,
and
every
four
years
thereafter,
Member States which levy an external-cost charge and/or
1. The
European
Parliament
or
the
Council
may
object
an infrastructure charge shall draw up a report on tolls,
to a delegated act within a period of two months from the
including concession tolls, levied on their territory and
date of notification.
shall forward it to the Commission which shall make

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EN
14.10.2011 Official
Journal
of
the
European
Union L
269/11
it available to the other Member States. That report may
The report shall also evaluate the use of electronic systems
exclude tolling arrangements that were already in place on
to levy and collect infrastructure and external-cost charges
10 June 2008 and which do not include external-cost
and their degree of interoperability pursuant to Directive
charges, as long as those arrangements remain in force
2004/52/EC.
and provided that they are not substantially amended.
That report shall comprise information on:
3. The
report
shall
be
accompanied,
if
appropriate,
by
a
proposal to the European Parliament and the Council for
further revision of this Directive.
(a) the weighted average external-cost charge and the
specific amounts levied for each combination of class
of vehicle, type of road and period of time;
4. By
16
October
2012,
the
Commission
shall
present
a report that summarises the other measures, such as
regulatory policies, taken to internalise or reduce the
(b) the variation of infrastructure charges according to the
external costs related to environment, noise and health
type of vehicles and time;
from all transport modes, including the legal basis and
maximum values used.
(c) the weighted average infrastructure cost charge and
In order to ensure fair intermodal competition while
total revenue raised through the infrastructure charge;
gradually charging the external costs of all transport
modes, it shall include a timetable of the measures
which remain to be taken to address other modes or
(d) the total revenue raised through external cost charges;
vehicles and/or the external-cost elements not taken into
and
account yet, taking into account progress in revising
Council Directive 2003/96/EC of 27 October 2003
(e) the actions taken pursuant to Article 9(2).
restructuring the Community framework for the taxation
of energy products and electricity (*).
2. By
16
October
2015,
the
Commission,
assisted
by
___________
the Committee referred to in Article 9c, shall present a
(*) OJ L 283, 31.10.2003, p. 51.’;
report to the European Parliament and the Council on the
implementation and effects of this Directive, in particular
as regards the effectiveness of the provisions on the
(9) Annex III is amended as follows:
recovery of the costs related to traffic-based pollution,
and on the inclusion of vehicles of more than 3,5 and
(a) the first paragraph is replaced by the following:
less than 12 tonnes. The report shall also analyse, based
on continuous monitoring, and assess, amongst others:
‘This Annex stipulates the core principles for the calcu
lation of weighted average infrastructure charge to
(a) the effectiveness of the measures foreseen in this
reflect Article 7b(1). The obligation to relate infra
Directive in order to tackle negative impacts caused
structure charges to costs shall be without prejudice
by road transport taking also into account, in
to the freedom of Member States to choose, in
particular, the impact on geographically isolated and
accordance with Article 7b(2), not to recover the
peripheral Member States;
costs in full through infrastructure charges revenue,
or to the freedom, in accordance with Article 7f, to
vary the amounts of specific infrastructure charges
(b) the effect of the implementation of this Directive to
away from the average.’;
direct users toward the most environmentally friendly
and efficient transport solutions and shall include
(b) in the second paragraph, the word ‘Community’ is
information on the introduction of distance-based
replaced by the word ‘Union’;
charges;
(c) in point (1), second indent, the words ‘Article 7a(1)’
(c) the implementation and effect of the variation of infra
are replaced by the words ‘Article 7b(2)’;
structure charges as referred to in Article 7g on the
reduction of local air pollution and congestion. The
(10) after Annex III, the text set out in the Annex to this
report shall also evaluate whether the maximum
Directive is inserted.
variation and peak period as referred to in Article 7g
are sufficient to enable a proper functioning of the
Article 2
variation mechanism;
1. Member
States
shall
bring
into
force
the
laws,
regulations
and administrative provisions necessary to comply with this
(d) scientific progress in estimating external costs of
Directive by 16 October 2013. They shall forthwith
transport for the purpose of internalising them; and
communicate to the Commission the text of those provisions.
When Member States adopt those provisions, they shall contain
(e) progress towards applying charges to road users and
a reference to this Directive or be accompanied by such a
ways of gradually harmonising the charging systems
reference on the occasion of their official publication. Member
that are applied to commercial vehicles.
States shall determine how such reference is to be made.

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L 269/12
EN
Official Journal of the European Union
14.10.2011
The obligations for transposition and implementation of this
Article 4
Directive shall not apply to Member States as long as neither
tolls nor user charges are implemented within their territory.
This Directive is addressed to the Member States.
2. Member
States
shall
communicate
to
the
Commission
the Done at Strasbourg, 27 September 2011.
text of the main provisions of national law which they adopt in
the field covered by this Directive.
Article 3
For the European Parliament
For the Council
This Directive shall enter into force on the day following its
The President
The President
publication in the Official Journal of the European Union.
J. BUZEK
M. DOWGIELEWICZ

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EN
14.10.2011 Official
Journal
of
the
European
Union L
269/13
ANNEX
‘ANNEX IIIa
MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL-COST CHARGE
This Annex sets out the minimum requirements for levying an external-cost charge and for calculating the maximum
weighted average 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 chooses to levy an external-cost charge on only a part or parts of the road network falling
within the scope of this Directive, the part or parts shall be chosen after an assessment establishing that:
— vehicles’ use of the roads where the external-cost charge is applied generates environmental damage higher than
that generated on average on other parts of the road network falling within the scope of this Directive that are
not subject to an external-cost charge, or
— the imposition of an external-cost charge on other parts of the road network falling within the scope of this
Directive might have adverse effects on the environment or road safety, or levying and collecting an external-cost
charge on them would entail disproportionate cost.
2. The
vehicles,
roads
and
time
period
covered
The Member State shall notify the Commission of the classification of vehicles according to which the toll 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, and the yearly number of pollution peaks measured in
accordance with this Directive. The criteria used shall be included in the notification.
3. Amount
of
the
charge
For each vehicle class, type of road and time period, the Member State or, if appropriate, an independent authority
shall determine a single specific amount. The resulting charging structure, including the start time and the end time
of each night period where the external-cost charge includes the cost of noise pollution, shall be transparent, made
public and available to all users on equal terms. The publication should occur in a timely manner before imple
mentation. 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, if 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 also 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, if appropriate, an independent authority, shall monitor the effectiveness of the charging
scheme in reducing environmental damage arising from road transport. It shall every two years adjust, if 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
When a Member State chooses to include all or part of the cost of traffic-based air pollution in the external-cost
charge, the Member State or, if appropriate, an independent authority shall calculate the chargeable cost of
traffic–based air pollution by applying the following formula or by taking the unit values in Table 1 of Annex
IIIb if the latter are lower:

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L 269/14
EN
Official Journal of the European Union
14.10.2011
PCV ij Σ k EF ik PC jk
where:
— PCV ij = air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre)
— EF ik = emission factor of pollutant k and vehicle class i (gram/vehicle.kilometre)
— PC jk = 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 draft the national emissions inventories
provided for in Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on
national emission ceilings for certain atmospheric pollutants ( 1 ) (which requires use of the EMEP/CORINAIR Emission
Inventory Guidebook ( 2 )). The monetary cost of pollutants shall be estimated by the Member State or, if appropriate,
an independent authority, respecting the state of the article
The Member State or, if 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, provided that the results do not exceed the unit values referred to in Table 1 of
Annex IIIb for any class of vehicles.
4.2. Cost of traffic-based noise pollution
When a Member State chooses to include all or part of the cost of traffic-based noise pollution in the external-cost
charge, the Member State or, if appropriate, an independent authority shall calculate the chargeable cost of
traffic–based noise pollution by applying the following formulae or by taking the unit values in Table 2 of
Annex IIIb if the latter are lower:
NCV j daily e Σ k NC jk POP k=WADT
NCV j day a NCV j
NCV j night b NCV j
where:
— NCV j = noise cost of one heavy goods vehicle on road type j (euro/vehicle.kilometre)
— NC jk = noise cost per person exposed on road type j to noise level k (euro/person)
— POP k = 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 does not exceed NCV j (daily).
The traffic-based noise pollution relates to the impact on noise levels measured close to the point of exposure and
behind anti-noise barriers, if any.
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 of 25 June 2002 relating to the assessment and
management of environmental noise ( 3 ).
The cost per person exposed to noise level k shall be estimated by the Member State or, if appropriate, an
independent authority, respecting the state of the article
The weighted average daily traffic shall assume an equivalence factor “e” of no more than 4 between heavy goods
vehicles and passenger cars.
( 1 ) OJ L 309, 27.11.2001, p. 22.
( 2 ) Methodology of the European Environmental Agency: http://reports.eea.europa.eu/EMEPCORINAIR5/
( 3 ) OJ L 189, 18.7.2002, p. 12.

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EN
14.10.2011 Official
Journal
of
the
European
Union L
269/15
The Member State or, if appropriate, an independent authority may apply scientifically proven alternative methods to
calculate the value of noise costs provided that the results do not exceed the unit values referred to in Table 2 of
Annex IIIb.
The Member State or, if 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. If differentiated noise
charges are introduced, the charges for the noisiest category of vehicles may not exceed the unit values referred to in
Table 2 of Annex IIIb and four times the noise charge for the quietest vehicle.
ANNEX IIIb
MAXIMUM WEIGHTED AVERAGE EXTERNAL-COST CHARGE
This Annex sets out the parameters to be used to calculate the maximum weighted average external-cost charge.
1. Maximum cost of traffic-based air pollution:
Table 1: Maximum chargeable air pollution cost
cent/vehicle.kilometre
Suburban roads
Interurban roads
(including motorways)
(including motorways)
EURO 0 16 12
EURO I 11
8
EURO II
9
7
EURO III
7
6
EURO IV
4
3
EURO V
0
0
after 31 December 2013
3
2
EURO VI
0
0
after 31 December 2017
2
1
Less polluting than EURO VI
0
0
The values of Table 1 may be multiplied by a factor of up to 2 in mountain areas to the extent that it is justified by
the gradient of roads, altitude and/or temperature inversions.
2. Maximum cost of traffic-based noise pollution
Table 2: Maximum chargeable noise cost
cent/vehicle.kilometre Day Night
Suburban roads
1,1
2
(including motorways)
Interurban roads
0,2 0,3
(including motorways)
The values in Table 2 may be multiplied by a factor of up to 2 in mountain areas to the extent that it is justified by
the gradient of roads, temperature inversions and/or amphitheatre effect of valleys.’.

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L 269/16
EN
Official Journal of the European Union
14.10.2011
STATEMENT BY THE COMMISSION ON CORRELATION TABLES
‘The Commission recalls its commitment towards ensuring that Member States establish correlation tables
linking the transposition measures they adopt with the EU directive and communicate them to the
Commission in the framework of transposing EU legislation, in the interest of citizens, better law-
making and increasing legal transparency and to assist the examination of the conformity of national
rules with EU provisions.
The Commission regrets the lack of support for the provision included in 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 (Eurovignette), which aimed at rendering the establishment of
correlation tables obligatory.
The Commission, in a spirit of compromise and in order to ensure the immediate adoption of that
proposal, can accept the substitution of the obligatory provision on correlation tables included in the
text with a relevant recital encouraging Member States to follow this practice. It will inform within 12
months after adoption of this agreement in plenary and make a report at the end of the transposition period
on the practice of Member States to draw up, for themselves and in the interests of the Union, their own
tables illustrating, as far as possible, the correlation between this Directive and the transposition measures,
and to make them public.
However, the position followed by the Commission in this file shall not be considered as a precedent. The
Commission will continue its efforts with a view to finding together with the European Parliament and the
Council an appropriate solution to this horizontal institutional issue.’
STATEMENT BY THE HUNGARIAN, POLISH, DANISH AND CYPRIOT PRESIDENCIES OF THE
COUNCIL
‘It is hereby declared that the agreement reached between the Council and the European Parliament in the
trilogue of 23 May 2011 concerning the 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
(Eurovignette) does not prejudge the outcome of interinstitutional negotiations on correlation tables.’
STATEMENT BY THE EUROPEAN PARLIAMENT
‘The European Parliament regrets that the Council was not prepared to accept the mandatory publication of
correlation tables in the context of the proposal amending Directive 1999/62/EC. It is hereby declared that
the agreement reached between the European Parliament and the Council in the trilogue of 23 May 2011
concerning the 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 (Eurovignette) does not prejudge
the outcome of interinstitutional negotiations on correlation tables.
The European Parliament calls on the European Commission to inform it within 12 months after adoption
of this agreement in plenary and to make a report at the end of the transposition period on the practice of
Member States in drawing up their own tables illustrating, as far as possible, the correlation between this
Directive and the transposition measures, and to make them public.’

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