LegalizeCommission Delegated Regulation (EU) 2020/203 of 28 November 2019 on classification of vehicles, obligations of European Electronic Toll Service users, requirements for interoperability constituents and minimum eligibility criteria for notified bodies (Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive (EU) 2019/520 of the European Parliament and of the Council of 19 March 2019 on the interoperability of electronic road toll systems and facilitating cross-border exchange of information on the failure to pay road fees in the Union (1), and in particular Articles 8(5), 10(3), 15(4),15(5), and 19(5) thereof,
Whereas:
(1) To ensure that the European Electronic Toll Service (EETS) works well, EETS users need to provide correct data and are responsible for the status of the on-board equipment, if an on-board equipment is used.
(2) In order to increase interoperability of the electronic road toll systems and ensure compatibility with general requirements stemming from EU legislation, as for example data protection, EETS providers and toll chargers need to comply with a minimum set of procedural, technical and operational requirements.
(3) General infrastructure requirements should be established to ensure that the interoperability constituents provide for accurate data, correct identification of the EETS providers, proper installation of the on board equipment, if one is used, and correct information for the drivers on road fees obligations.
(4) Standard criteria for nominating the bodies responsible for the assessment of conformity of specifications and suitability for use of interoperability constituents need to be defined so that a minimum level of expertise is ensured and manufacturers can rely on equal treatment in all Member States.
(5) To ensure consistent application between this Regulation and Directive (EU) 2019/520, it should apply from the date referred to in the Article 32(1) of Directive (EU) 2019/520.
HAS ADOPTED THIS REGULATION:
Article 1
Scope
This Delegated Regulation lays down requirements for:
(1) the classification of vehicles,
(2) the detailed obligations of EETS users,
(3) interoperability constituents,
(4) the minimum criteria of eligibility for notified bodies.
Article 2
Vehicle classification
The parameters used to classify vehicles for determining tolls shall comply with the requirements provided for in Annex I of this Delegated Regulation.
Without prejudice to Article 6(2) of Directive (EU) 2019/520, where a toll charger intends to introduce new vehicle classification parameters, the Member State where it is registered must inform the Commission, the other Member States and EETS providers in operation in the EETS domain thereof six months before the new classification parameters are introduced.
Article 3
EETS users’ obligations
EETS users shall ensure that all user and vehicle data they provide to the EETS providers and the declaration of variable parameters are correct.
EETS users shall take all possible measures to ensure that the on-board equipment is operational whilst the vehicle is circulating within an EETS domain requiring on-board equipment.
EETS users shall operate on-board equipment in accordance with the EETS provider’s instructions, in particular where these apply to the declaration of variable vehicle classification parameters.
Article 4
Interoperability constituents’ requirements
Interoperability constituents and roadside infrastructure shall comply with the requirements provided for in Annex II of this Delegated Regulation.
Article 5
Minimum eligibility criteria for notified bodies
The notified bodies referred to in Article 19(1) of Directive (EU) 2019/520 shall comply with the minimum criteria provided for in Annex III of this Delegated Regulation.
Article 6
Entry into force
This Delegated Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 19 October 2021.
This Delegated Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 November 2019.
For the Commission The President Jean-Claude JUNCKER
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