[ParlTrack]

Proposal for a directive
Recital 1

(1) Progress towards the goal, which the Commission set out in its White Paper of 28 March 201113, namely to move towards the full application of the 'polluter pays' and 'user pays' principles, to generate revenue and ensure financing for future transport investments has been slow and inconsistencies persist in the application of road infrastructure charging across the Union. The main reason for the underfinancing of the road network can be found elsewhere, however, in the failure to ring-fence the receipts from the charges levied. _________________ 13 White Paper of 28 March 2011 ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system' (COM(2011) 144 final).

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 2

(2) In its Communication on a European Strategy for Low-Emission Mobility14, the Commission announced that it would propose the revision of the Directive on the charging for lorries ~~to enable charging also on the basis of carbon dioxide differentiation~~, and the extension of some of its principles to buses and coaches as well as ~~passenger cars and~~ vans. _________________ 14 COM(2016) 501 final. COM(2016) 501 final.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 3

(3) All heavy duty vehicles have significant impact on road infrastructure and contribute to air pollution, while light duty vehicles are at the source of the majority of the negative environmental and social impacts from road transport related to emissions and congestion. In the interest of equal treatment and fair competition, it should be ensured that vehicles so far not covered by the framework set out in Directive 1999/62/EC of the European Parliament and of the Council115 in respect of tolls and user charges are included into this framework. The scope of that Directive should therefore be extended to heavy duty vehicles other than those intended for the carriage of goods and to light duty vehicles~~, including passenger cars~~. _________________ 15 Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 4

(4) The choice between time-based user charges do by nature not accurately reflect infrastructure costs actually induced and, for similar reasons, are not effective when it comes to incentivising cleaner and more efficient operations, or reducing congestion. They should therefore be gradually replaced by distance-based charges, which are fairer, more efficient and more effectivand distance-based charges is for the Member States to make, in keeping with the subsidiarity principle.

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Recital 4 a (new)

(4a) To ensure fair competition in the transport sector, vans that are intended for the carriage of goods and that are engaged in the occupation of road transport operator1a should be included in the scope of charges applied to heavy duty vehicles. _________________ 1a Regulation (EU).../... of the European Parliament and of the Council amending Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2017/0123);

2018/02/23
Committee: TRAN

Claudia SCHMIDT, Pascal ARIMONT, Herbert DORFMANN

Proposal for a directive
Recital 5 a (new)

(5a) If Member States levy infrastructure charges on private cars, they should take particular account of the historical, economic or topographical links between border areas. They should make provision for derogations and exemptions for their border areas in order not to impose disproportionate restrictions on individual transport for private and commercial purposes and allow cross- border journeys to be made unhindered.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 6

(6) As in respect of heavy duty vehicles, it is important to ensure that any time-based charges applied to light duty vehicles are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 7

(7) Pursuant to Directive 1999/62/EC, an external-cost charge may be imposed at a level close to the social marginal cost of the usage of the vehicle in question. That method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles, and would ensure a fair contribution from heavy duty vehicles to meeting EU air quality standards17 and any applicable noise limits or targets. ~~The application of such charges should therefore be facilitated.~~ _________________ 17 Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, OJ L 152, 11.06.2008, p. 1-44.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

(8) To this effect, the maximum weighted average external-cost charges should be replaced by readily applicable reference values updated in light of inflation, the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 9

(9) The variation of infrastructure charges according to Euro emission class has contributed to the use of cleaner vehicles. However, with the renewal of vehicle fleets, the variation of charges on this basis on the inter-urban network is expected to become obsolete by the end of 2020 and should therefore be phased out by that time. From the same point in time, external-cost charging should be applied more systematically, as a targeted means to recover external cost in respect of situations in which it matters most and should be retained.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 10

(10) The share of CO2 emissions from heavy duty vehicles is increasing. A variation of infrastructure charges according to such emissions is capable of contributing to improvements in this area and should therefore be introduced.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 11

(11) Light duty vehicles generate two thirds of the negative environmental and health impacts of road transport. It is therefore important to incentivise the use of the cleanest and most fuel-efficient vehicles through the differentiation of road charges ~~based on conformity factors defined in Commission~~. Regulation (EU) 2016/427~~18, Commission~~ Regulation (EU) 2016/64619, and Commission Regulation (EU) 2017/xxx.20. _________________ 18Commission of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 82, 31.3.2016, p. 1–98). 19Commission of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.4.2016, p. 1–22) 20

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Recital 12

(12) In order to promote the use of ~~the~~ cleanestr and mostre efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 13

(13) Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1 % of GDP. A significant part of this cost can be attributed to interurban congestion. A specific congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective and proportionate, the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle category. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

(14) Congestion charges should reflect the actual costs imposed by each vehicle on other road users directly, and indirectly on society at large, in a proportionate manner. In order to avoid that they disproportionately hinder the free movement of people and goods, they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition, that is to say when traffic volumes approach road capacity.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 15

~~(15) The revenue-neutral variation of infrastructure charges applied to heavy goods vehicles, a suboptimal instrument for the purpose of reducing congestion, should be phased out.~~deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 16

(16) Mark-ups added to the infrastructure charge could also provide a useful contribution to addressing problems related to significant environmental damage ~~or congestion~~ caused by the use of certain roads, not only within mountainous areas. The current restriction of mark-ups to such areas should therefore be removed. ~~In order to avoid double charging of users, mark-ups should be excluded on road sections on which a congestion charge is applied.~~

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 17

(17) In case a Member State introduces a system of road charging, compensations granted may, according to the case, result in the discrimination of non-resident road users. The possibility to grant compensation at such occasion should therefore be limited to the cases of tolls and should no longer be available in the case of user chargesthe principle of non-discrimination between EU citizens must be observed.

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Recital 17 a (new)

(17a) As in respect to light duty vehicles, it is important to ensure that the movement of citizens is not hampered by the provisions laid down in this Directive. Member States should be allowed to introduce discounts and reductions when road users are disproportionally affected by charges due to geographical or social reasons.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 18

(18) In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common road charging schemes.deleted

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Recital 19

(19) Road charges ~~can~~ mobilise resources that contribute to the financing of the maintenance, the repair and development of high quality transport infrastructure~~. It is therefore appropriate to incentivise~~ and services. Member States ~~to us~~should use the revenues from road charges accordingly and, to this end, toare required t~~hat they~~o adequately report on the use of such revenues. That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging. Member States should communicate transparently with road users on how they use the revenues from road charging through visible displays.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Recital 20

(20) Since the objective of this Directive is ~~in particular~~ to ensure that national pricing schemes ~~applied to vehicles other than heavy goods vehicl~~for commercial vehicles such as heavy goods vehicles, light duty vehicles and buses are applied ~~with~~in a ccoherent framework that secures equal treatment across the Union, cannot be sufficiently achieved at Member State level but can rather, by reason of the cross-border nature of road transport and of the problems this Directive is intended to address, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out 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 what is necessary to achieve that objectiverdance with the principle of equal treatment, in the interests of fair cross-border competition, the principle of subsidiarity as set out in Article 5 of the Treaty on European Union will be fully complied with.

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Recital 21

(21) It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient and clean vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the reference values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201621 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 21 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 1

Directive 1999/62/EC
Title

Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on ~~the~~ charging ~~of vehicles~~ for the use of road infrastructures

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point c a (new)

(ca) it provides parking areas;

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 6

6. ‘toll’ means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, comprising an infrastructure charge~~, and as the case may be a congestion charge or an external- cost charge or both~~;

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 9

~~9. ‘congestion’ means a situation where traffic volumes approach or exceed road capacity;~~deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 2 Directive 1999/62/EC

~~10. ‘congestion charge’ means a charge which is levied on vehicles for the purpose of recovering the congestion costs incurred in a Member State and reducing congestion;~~deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 19

19. ‘light duty vehicle’ means ~~a passenger car,~~ a minibus or a van;

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point 19

(19a) “van intended for the carriage of goods” means a vehicle intended for the carriage of goods with a maximum permissible laden mass between 2.4 and 3.5 tonnes and engaged in the occupation of road transport operator as set out in Regulation (EU).../... of the European Parliament and of the Council amending Regulation (EC) 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator (2017/0123);

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2

Directive 1999/62/EC
Article 2 – paragraph 1 – point 22

(22) ‘van’ means a vehicle ~~intended for the carriage of goods, and~~ having a maximum permissible mass not exceeding 3,5 tonnes;

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2 (new)

Directive 1999/62/EC
Article 2 – paragraph 1 – point 23 a (new)

(23a) ‘zero-emission operation’ refers to vehicles when they operate with no exhaust emissions on the covered road network;

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 – paragraph 6

6. Without prejudice to paragraph 9, from ~~1 January 2018~~[the date of entry into force of this Directive], Member States shall not introduce user charges for heavy duty vehicles and vans intended for the carriage of goods. User charges introduced before that date may be maintained until 31 December 2023 and shall be replaced by infrastructure charges after that date.

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 – point 7

7. From [the date of entry into force of this Directive], Member States shall not introduce user charges for light duty vehicles. User charges introduced before that date shall be phased out by 31 December 2027.deleted

2018/02/23
Committee: TRAN

Georges BACH, Herbert DORFMANN, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 1999/62/EC
Article 7 paragraph 9

9. As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles and vans intended for the carriage of goods.

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 3 Directive 1999/62/EC

Tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods, on the one hand and for light duty vehicles on the other may be introduced or maintained independently from one another.

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 1999/62/EC
Article 7a – paragraph 3 – subparagraph 1

Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: a day, a week, 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10-day rate shall be no more than 8 % of the annual rate.

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 4

Directive 1999/62/EC
Article 7a – paragraph 4

4. For minibuses, vans and vans intended for the carriage of goods, Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses, vans and vans intended for the carriage of goods than for passenger cars as from 1 January 2024 at the latest.;

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 1999/62/EC
Article 7 b – paragraph 3 (new)

(4 a) In Article 7b, the following paragraph 3 is added: 3. The motorway sections on which an infrastructure charge is applied shall have the necessary infrastructure and parking areas in compliance with Regulation (EU) .../.... of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods (2017/0122(COD)).

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 5 Directive 1999/62/EC

For heavy duty vehicles, the external-cost charge shall vary and be set in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall respect the ~~reference~~maximum values set out in Annex IIIb.

2018/02/23
Committee: TRAN

Georges BACH, Wim van de CAMP, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5

Directive 1999/62/EC
Article 7 c – paragraph 5

5. From 1 January 2021, Member States that levy tolls shall apply an external-cost charge to heavy duty vehicles and vans intended for the carriage of goods on at least the part of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa.;

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7 d a – paragraph 1

(1) Member States may, in accordance with the requirements set out in Annex V, introduce a congestion charge on any section of their road network which is subject to congestion. The congestion charge may only be applied on those road sections which are regularly congested and only during the periods when they are typically congested.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7 d a – paragraph 2

(2) Member States shall define the road sections and time periods referred to in paragraph 1 on the basis of objective criteria related to the level of exposure of the roads and their vicinities to congestion, such as average delays or queue lengths.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7 d a – paragraph 3

(3) A congestion charge imposed on any section of the road network shall apply in a non-discriminatory manner to all vehicle categories, in accordance with the standard equivalence factors set out in Annex V.deleted

2018/02/23
Committee: TRAN

Georges BACH, Claudia SCHMIDT, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7da – paragraph 4

4. The congestion charge shall reflect the costs imposed by a vehicle on other road users, and indirectly on society, but shall not exceed the maximum levels set out in Annex VI for any given road type.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 1999/62/EC
Article 7 d a – paragraph 5

(5) Member States shall put in place adequate mechanisms for monitoring the impact of congestion charges and for reviewing the level thereof. They shall review the level of charges regularly, at least every three years, to ensure that they are not higher than the cost of congestion occurring in that Member State and generated on those road sections, which are subject to the congestion charge.deleted

2018/02/23
Committee: TRAN

Claudia SCHMIDT