45 Amendments of Massimiliano SALINI related to 2017/0128(COD)
Amendment 23 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) Toll chargers should be obliged to give access to their EETS domain to EETS providers on a non-discriminatory basis.
Amendment 24 #
Proposal for a directive
Recital 5 b (new)
Recital 5 b (new)
(5 b) To ensure transparency and non- discriminatory access to EETS domains for all EETS providers, toll chargers should publish all the necessary information relative to access rights in an EETS domain statement.
Amendment 25 #
Proposal for a directive
Recital 5 c (new)
Recital 5 c (new)
(5 c) The EETS being a market-based service, EETS providers should not be forced to provide the service at once across the continent. However, in the interest of the users, EETS providers should be required to cover all EETS domains in any country in which they decide to provide their services. Furthermore, the Commission should ensure that the flexibility given to EETS providers does not lead to the exclusion from EETS of small or peripheral EETS domains.
Amendment 28 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) The EETS domain statement should describe in detail the framework commercial conditions for EETS providers' operations in the EETS domain in question. In particular, it should describe the methodology used for calculating the remuneration of EETS providers.
Amendment 29 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6 b) EETS users should pay no more toll than they would for the corresponding national/local toll. All OBE user rebates or discounts on tolls offered by a Member State or by a toll charger should be available under the same conditions to clients of EETS Providers.
Amendment 30 #
Proposal for a directive
Recital 6 c (new)
Recital 6 c (new)
(6 c) Where a new electronic toll collection system is being launched or an existing system is being substantially modified, the toll charger should be required to publish the new or updated EETS domain statements with sufficient notice to allow EETS providers to be accredited or re-accredited to the system at the latest one month before the day of its operational launch. The toll charger should be required to design and follow the procedure for, respectively, the accreditation or re-accreditation of EETS providers in such a way that the procedure can be concluded at the latest one month before the operational launch of the new or substantially amended system. Toll chargers should be made bound to respect their part of the planned procedure as defined in the EETS domain statement.
Amendment 31 #
Proposal for a directive
Recital 6 d (new)
Recital 6 d (new)
(6 d) The EETS domain statement should set out in detail the procedure of accreditation of an EETS provider to the EETS domain, in particular the procedure for checking conformity to specifications and suitability for use of interoperability constituents. The procedure should be the same for all EETS providers.
Amendment 32 #
Proposal for a directive
Recital 6 e (new)
Recital 6 e (new)
(6 e) Toll chargers should not be permitted to request or require from EETS providers any specific technical solutions which may jeopardise interoperability with other toll domains and with the existing interoperability constituents of the EETS provider.
Amendment 35 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) EETS providers should be entitled to fair remuneration, calculated based on a transparent and non-discrimatory methodology.
Amendment 36 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7 b) EETS providers should be allowed to issue invoices to the users. However, toll chargers should be allowed to request that invoices are sent on their behalf and in their name, as invoicing directly in the name of the EETS provider can in certain toll domains have adverse administrative and tax implications.
Amendment 37 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7 c) If a legal entity being a toll service provider also plays other roles in an electronic toll collection system, or has other activities not directly related with electronic toll collection, it should be required to keep separate profit and loss accounts for each type of its activities. Cross subsidies between these different activities should be excluded. However, physical or legal unbundling of the different activities (separation of companies) would be too intrusive and should therefore not be required.
Amendment 38 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Each Member State with at least two EETS domains should designate a contact office in the national administration for EETS Providers wishing to provide the EETS in its territory in order to facilitate their contacts with the Toll Chargers.
Amendment 48 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) Toll chargers should be allowed to request from the EETS provider, within the framework of toll enforcement activities and where it is presumed that the driver of a vehicle has failed to pay a road fee data relating to the vehicles and to the owners or holders of vehicles who are the EETS provider's clients. The toll charger should prevent this data, which can be commercially sensitive, from being used for any purpose other than enforcement. In particular, the toll charger should be required not to disclose the data to any of the EETS provider's competitors.
Amendment 52 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16 a) A conciliation procedure should be ensured in view to settle disputes between toll chargers and EETS providers during contract negotiations and in their contractual relationships. National Conciliation Bodies should be consulted by toll chargers and EETS providers in search of a dispute settlement relating to non-discriminatory access to EETS domains.
Amendment 53 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16 b) The Conciliation Bodies should be empowered to verify that the contractual conditions imposed on any EETS provider are non-discriminatory. In particular, they should be empowered to verify that the remuneration offered by the toll charger to the EETS providers respects the principles of this Directive.
Amendment 67 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
Article 1 – paragraph 1 – subparagraph 1
This Directive lays down the conditions necessary to ensure the interoperability of electronic road toll systems and to facilitate the cross-border exchange of information on the failure to pay road fees in the Union . It applies to the electronic collection and missing payments of all types of road fees, including those collected manually, on the entire Union road network, urban and interurban, motorways, major and minor roads, and various structures such as tunnels, bridges and ferries.
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 1 – point –a (new)
Article 2 – paragraph 1 – point –a (new)
(-a) 'toll service' means the service enabling users having one contract and one set of OBE to use a vehicle in one or more toll domains;it includes, notably: - providing a customized OBE to the users and maintaining its functionality; - guaranteeing that the toll charger is paid the toll due by the user; - providing the payment means to the user or accepting an existing one; - collecting the toll from the user; - managing the customs relations with the user; - implementing and adhering to the security and privacy policies for the toll systems;
Amendment 77 #
Proposal for a directive
Article 2 – paragraph 1 – point –a a (new)
Article 2 – paragraph 1 – point –a a (new)
(-a a) 'toll service provider' means a legal entity providing customer toll services on one or more toll domains for one or more classes of vehicles;
Amendment 78 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) 'European Electronic Toll Service (EETS)' means the toll services provided, under a contract, by an EETS provider to an EETS user. Those services shall include making available and guaranteeing the correct parametrisation and functioning of on-board equipment necessary to pay road fees in all electronic toll domains agreed upon in the contract, processing the payment of road fees due by the user to the toll charger on behalf of the user, and providing other services and assistance required for the user in order to comply with the obligations imposed by the toll chargers in the toll domains agreed upon in the contract;
Amendment 79 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) 'toll operator' means a private entity to whom the toll charger delegates the function of collecting road fees on behalf of and for the benefit of the toll charger;
Amendment 82 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) 'national toll service provider' means an entity providing the toll services developed and operated by the toll operator, to the end-users. It is appointed by a Member State and it is entrusted with the public service obligation to provides OBU's to all users of toll services and provide toll services the whole territory of the respective Member State.
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(f a) 'main service provider' means a toll service provider on which the toll charger puts specific obligations (such as the obligation to sign contracts with all interested users) or grants specific rights (such as specific remuneration or a guaranteed long term contract) different from the rights and obligations of other service providers;
Amendment 91 #
Proposal for a directive
Article 2 – paragraph 1 – point f b (new)
Article 2 – paragraph 1 – point f b (new)
(f b) ‘interoperability constituents’ means any elementary component, group of components, subassembly or complete assembly of equipment incorporated or intended to be incorporated into EETS upon which the interoperability of the service depends directly or indirectly, including both tangible objects and intangible objects such as software;
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1 – point f c (new)
Article 2 – paragraph 1 – point f c (new)
(f c) ‘suitability for use’ means the ability of an interoperability constituent to achieve and maintain a specified performance when in service, integrated representatively into EETS in relation with a toll charger’s system;
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 – point f d (new)
Article 2 – paragraph 1 – point f d (new)
(f d) ‘toll’ means a charge or duty levied in relation with circulating a vehicle in a toll domain;
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1 – point f e (new)
Article 2 – paragraph 1 – point f e (new)
(f e) ‘toll context data’ means the information defined by the responsible toll charger necessary to establish the toll due for circulating a vehicle on a particular toll domain and conclude the toll transaction;
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 1 – point f f (new)
Article 2 – paragraph 1 – point f f (new)
(f f) ‘toll declaration’ means a statement to a toll charger that confirms the presence of a vehicle in a toll domain in a format agreed between the toll service provider and the toll charger;
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 1 – point f g (new)
Article 2 – paragraph 1 – point f g (new)
(f g) ‘vehicle classification parameters’ means the vehicle related information according to which tolls are calculated based on the toll context data;
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 1 – point f h (new)
Article 2 – paragraph 1 – point f h (new)
(f h) 'back office' means the central electronic system used by the toll charger, a group of toll chargers who have created an interoperability hub, or by the EETS provider to collect, process and send information in the framework of electronic toll collection;
Amendment 98 #
Proposal for a directive
Article 2 – paragraph 1 – point f i (new)
Article 2 – paragraph 1 – point f i (new)
(f i) 'substantially modified system' means an existing electronic toll collection system that has undergone or undergoes a change which requires EETS providers to make modifications to the interoperability constituents that are in operation, such as reprogramming or retesting OBE or adapting the interfaces of their back office;
Amendment 99 #
Proposal for a directive
Article 2 – paragraph 1 – point f j (new)
Article 2 – paragraph 1 – point f j (new)
(f j) 'accreditation' means the process defined and managed by the toll charger, which an EETS provider must undergo before it is authorised to provide the EETS in an EETS domain;
Amendment 128 #
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Article 4 a Requirements to be fulfilled by the EETS providers EETS providers shall seek registration in a Member State where they are established, which shall be granted if they fulfil the following requirements: (a) hold EN ISO 9001 certification or equivalent; (b) demonstrate having the technical equipment and the EC declaration or certificate attesting the conformity of the interoperability constituents to specifications; (c) demonstrate competence in the provision of electronic tolling services or in relevant domains; (d) have appropriate financial standing; (e) maintain a global risk management plan, which is audited at least every 2 years; (f) be of good repute.
Amendment 129 #
Proposal for a directive
Article 4 b (new)
Article 4 b (new)
Article 4 b Rights and obligations of EETS Providers 1. EETS providers shall conclude EETS contracts covering all EETS domains on the territories of at least 4 Member States within 36 months following their registration in accordance with Article 4a. They shall conclude contracts covering all EETS domain in a given Member State within 24 months from concluding the first contract in that Member State, except for those EETS domains in which the responsible toll chargers do not comply with the provisions of Article 4d. 2. EETS providers shall maintain at all times the coverage of all EETS domains once they have concluded contracts therefor. Where an EETS provider is not able to maintain coverage of an EETS domain because the toll charger does not comply with its obligations, it shall re- establish the coverage of the concerned domain as soon as possible. 3. EETS providers shall cooperate with toll chargers in their enforcement efforts. Where a failure by a road user to pay a road fee is suspected, the toll charger may request that the EETS provider provide it with data relating to the vehicle involved in the suspected failure to pay a road fee and to the owner or holder of that vehicle who is a client of the EETS provider. The EETS provider shall ensure that such data is instantly available. The toll charger shall ensure that such data is not disclosed to any other toll service provider. If the toll charger is integrated with a toll service provider in one entity, it shall put in place appropriate measures and procedures to ensure that the data is used for the sole purpose of enforcement.
Amendment 130 #
Proposal for a directive
Article 4 c (new)
Article 4 c (new)
Article 4 c Rights and obligations of the Toll Charger 1. Each toll charger shall develop and maintain an EETS domain statement setting out the general conditions for EETS providers for accessing their toll domains. 2. Where a new electronic toll collection system is created, the future toll charger responsible for this system shall publish the EETS domain statement with sufficient notice to allow for an accreditation of interested EETS providers to conclude at the latest one month before the operational launch of the new system, with due regard to the length of the process of assessment of the conformity to specifications and of the suitability for use of interoperability constituents. 3. Where an electronic toll collection system is substantially modified, the toll charger shall publish the revised EETS domain statement with sufficient notice to allow already accredited EETS providers to adapt their interoperability constituents to the new requirements and obtain re- accreditation where required at the latest one month before the operational launch of the modified system, with due regard to the length of the process of assessment of the conformity to specifications and of the suitability for use of interoperability constituents. The toll charger shall establish and publish in the EETS domain statement the detailed planning of the process of assessment or reassessment of the conformity to specifications and of the suitability for use of interoperability constituents, which allows for the accreditation or reaccreditation of interested EETS providers at the latest one month before the operational launch of the new or substantially modified system. The toll charger shall be bound to respect its side of the planning.
Amendment 131 #
Proposal for a directive
Article 4 d (new)
Article 4 d (new)
Article 4 d Toll chargers shall accept on a non- discriminatory basis any EETS provider requesting to provide EETS on the EETS domain(s) under the toll charger’s responsibility. Acceptance of an EETS provider in a toll domain shall be subject to the provider's compliance with the obligations and general conditions set out in the EETS domain statement. Toll chargers shall not require the EETS provider to use any specific technical solutions or processes which hinder the interoperability of an EETS provider's interoperability constituents with electronic toll collection systems in other EETS domains. If a toll charger and an EETS provider cannot reach an agreement, the matter may be referred to the conciliation body responsible for the relevant toll domain.
Amendment 132 #
Proposal for a directive
Article 4 e (new)
Article 4 e (new)
Article 4 e Each Member State shall ensure that the contracts between the toll charger and the EETS provider, regarding the provision of EETS on the territory of that Member State, permit that the invoice for the toll is issued to the EETS user directly by the EETS provider. The Toll Charger may require that the EETS Provider invoices the user in the name and on behalf of the toll charger, and the EETS provider shall comply with that request.
Amendment 133 #
Proposal for a directive
Article 4 f (new)
Article 4 f (new)
Article 4 f Each Member State with at least 2 EETS domains on its territory shall designate a single contact office for EETS providers. At the request of the EETS provider, the contact office shall facilitate and coordinate early contacts between the EETS provider and the toll chargers responsible for the EETS domains on the territory of the Member State. The contact office may be a person, a public or a private body.
Amendment 134 #
Proposal for a directive
Article 4 g (new)
Article 4 g (new)
Article 4 g The toll charged by toll chargers to EETS users shall not exceed the corresponding national/local toll. All on-board- equipment user rebates or discounts on tolls offered by a Member State or by a toll charger should be available under the same conditions to clients of EETS providers.
Amendment 135 #
Proposal for a directive
Article 4 h (new)
Article 4 h (new)
Article 4 h Remuneration 1. EETS providers shall be entitled to remuneration by the toll charger. 2. The methodology for defining the remuneration of the EETS providers shall be transparent, non-discriminatory and the same for all EETS providers accredited to a given EETS domain.
Amendment 136 #
Proposal for a directive
Article 4 i (new)
Article 4 i (new)
Article 4 i 1. The toll shall be determined by the toll charger according inter alia to the vehicle’s classification. A vehicle’s classification shall be determined on the basis of the vehicle classification parameters. In the event of a discrepancy between the vehicle classification used by the EETS provider and the toll charger, the toll charger’s classification shall prevail, unless an error can be demonstrated. 2. In addition to requiring payment from an EETS provider for any substantiated toll declaration, a toll charger may require payment from an EETS provider for any substantiated toll non-declaration relative to any user account managed by that EETS provider. 3. Where an EETS provider has sent a toll charger a list of invalidated on-board equipment, the EETS provider shall not be held liable for any further toll incurred through the use of such invalidated on- board equipment. The number of entries in the list of invalidated OBE, the list’s format and its updating frequency shall be agreed between toll chargers and EETS providers. 4. In microwave-based toll systems toll chargers shall communicate substantiated toll declarations to EETS providers for tolls incurred by their respective EETS users.
Amendment 137 #
Proposal for a directive
Article 4 j (new)
Article 4 j (new)
Article 4 j Conciliation Body 1. Each Member State with at least one EETS domain shall designate or establish a conciliation body in order to facilitate mediation between toll chargers with an EETS domain located within its territory and EETS providers which have contracts or are in contractual negotiations with those toll chargers. 2. The conciliation body shall be empowered, in particular, to verify that the contractual conditions imposed by a toll charger on EETS providers are non- discriminatory. It shall be empowered to verify that the EETS is remunerated in line with the principles provided in this Directive. 3. The Member States referred to in paragraph 1 shall take the necessary measures to ensure that their conciliation bodies are independent in their organisation and legal structure from the commercial interests of toll chargers and toll service providers.
Amendment 138 #
Proposal for a directive
Article 4 k (new)
Article 4 k (new)
Article 4 k Registers 1. For the purposes of the implementation of this Decision, each Member State shall keep a national electronic register of the following: (a) the EETS domains within their territory, including information relating to: – the corresponding toll chargers, – the tolling technologies employed, – the toll context data, – the EETS domain statement, – the EETS providers having EETS contracts with the toll chargers active in their area of competence. (b) the EETS providers to whom it has granted registration. (c) the details of a contact office referred to in Article 4j , for EETS including a contact e-mail address and telephone number. Unless otherwise specified, Member States shall verify at least once a year that requirements (a), (d), (e) and (f) in Article 4a are still met and update the register accordingly. The register shall also contain the conclusions of the audit foreseen in Article 4a(e). A Member State shall not be held liable for the actions of the EETS providers mentioned in its register. 2. Member States shall take all necessary measures to ensure that all the data contained in the national electronic register is kept up-to-date and is accurate. 3. The registers shall be electronically accessible to the public. 4. These registers shall be available as of the day of entry into force of this Directive. 5. The Member States authorities in charge of the registers shall communicate by electronic means to their counterparts in the other Member States and the Commission the registers of EETS domains and EETS providers at the end of each calendar year. Any inconsistencies with the situation in a Member State shall be brought to the attention of the Member State of registration and of the Commission.
Amendment 139 #
Proposal for a directive
Article 4 l (new)
Article 4 l (new)
Amendment 157 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Amendment 163 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts in accordance with article 11 concerning the definition of the specifications referred to in letter (b) of Article 4a.