Mobility and transport

← Mobility and transport

European electronic toll service

Overall state of Play

Evaluation finalised: SWD(2017)192, SWD(2017)193, 31 May 2017
Commission proposal: adopted on 31 May 2017, COM(2017)280
Legal Act: adopted Directive (EU) No 2019/520

Summary:

The evaluation of the existing legal framework (Directive 2004/52/EC on the interoperability of electronic road toll systems in the Community and Commission Decision 2009/750/EC on the definition of the European Electronic Toll Service and its technical elements) showed that it largely failed to achieve its objectives. In particular, the European Electronic Toll Service (EETS) only covers a few countries; EETS providers are blocked or slowed down in their expansion into new markets by numerous market entry barriers and hurdles imposed by the EU legislation itself.

In a proposal to recast Directive 2004/52/EC and in a parallel draft Decision revising Commission Decision 2009/52/EC, the Commission proposed provisions to facilitate the operation of the EETS by addressing the obstacles at national and EU level, as well as by better specifying and protecting the rights of EETS providers vis-à-vis toll chargers and Member States. The Commission proposed to put in place an automatic mechanism for the exchange of information on the identity of toll offenders, so as to enhance enforcement of electronic tolling schemes. It also suggested some changes to the technological requirements set by the legislation, both to facilitate the provision of the EETS in specific situations (e.g. light vehicles) and to allow users to benefit from the EETS in an enlarged number of types of electronic tolling schemes.

The Commission proposal was adopted by the legislators in 2019.

Estimated savings and benefits

The initiative is expected to bring cumulated net savings in regulatory burden, between now and 2025, of €254 million. This figure results from a cumulated saving for road users of €370 million, cumulated savings for EETS providers of €10 million, and cumulated costs for toll chargers €126 million.

The main benefits result from the reduction in the number of on-board units, contracts and invoices with which every user has to deal to be able to pay tolls electronically across the European Union.

State of Play:

Finalised: SWD(2017)192, SWD(2017)193; 31 May 2017

Scope:

Evaluation of

- Directive 2004/52/EC on the interoperability of electronic road toll systems in the Community and Commission Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements (notified under document C(2009) 7547)

- Directive 2004/52/EC provides for the creation by the market of a European Electronic Toll Service, according to the definition provided in Decision 2009/750/EC.

- Decision 2009/750/EC defines the European Electronic Toll Service, the deployment of which by the market is mandated in Directive 2004/52/EC.

Evaluation findings:

Overall, the evaluation has found that the two legal acts have fallen short of most of their objectives. The costs of electronic tolling (for toll chargers and road users) have fallen very little. There is still no EETS, and very little progress has been made towards interoperability. With a few exceptions, OBUs (On-Board Units) have not been integrated with other devices. There is little interoperability of electronic tolls beyond national level. Only a few limited agreements involving more than one EU country have been signed.

The main reasons for the relatively low level of interoperability between countries are as follows:

– Many national markets have an uncompetitive structure, with the authorities giving a privileged market position to the tolling system's single operator.

– EETS legislation imposes hurdles; in particular, EETS providers have to be able to offer EU-wide services within 24 months.

– It is difficult and costly to achieve cross-border interoperability because national tolling schemes apply the three technologies allowed under EETS legislation in significantly different ways.

– EETS legislation lacks effective provisions on enforcing tolls on vehicles registered in another EU country.

Estimated savings and benefits

The initial investment needed for the toll charger to set up an electronic tolling system has not significantly changed over the evaluation period, averaging at over €650 million.

Due to data heterogeneity, it is difficult to establish clear patterns in the cost of operation of different systems, which seem to depend on many factors such as number of vehicles, intensity of traffic, technology, network coverage, etc. The only clear pattern emerging is the decrease of the costs of operation throughout the lifetime of the individual systems.

State of Play:

Adopted: COM(2017)280, adopted by the Commission on 31 May 2017

Which objective(s) did the Commission pursue?

The objective of reducing the regulatory burden on companies translated into two specific objectives:

• Remove market entry barriers and foster the development of a competitive market for electronic toll collection services

• Remove the excessive obligations on EETS providers

The general objective of the proposal is to contribute to the correct functioning of the internal market by ensuring more access to interoperability in tolling services with and proportionate to the road users' needs and by improving the level of enforcement of tolls from foreign-registered vehicles

Estimated savings and benefits

The main benefits would result from the reduction in the number of on-board units, contracts and invoices with which every user has to deal to be able to pay tolls electronically across the European Union.

Furthermore, the initiative will increase the effectiveness of toll collection and thus increase toll revenues by €150 million per year.

State of Play:

Adopted on 19 March 2019, Directive (EU) 2019/520 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 (recast); is applicable since 19 October 2021

Outcome of Legislative Procedure

The Directive brings together under one single legal framework the provisions of Directive 2004/52/EC and of the EETS Decision 2009/750/EC and provides for the adoption of Implementing and Delegated Acts. It enforces the provisions on market access for the provision of EETS and introduces rules on cross-border enforcement.

Commission Implementing Regulation (EU) 2020/204 of 28 November 2019 specifies detailed obligations of EETS providers, the minimum content of the EETS domain statement, electronic interfaces, requirements for interoperability constituents and repeals Decision 2009/750/EC.

Commission Delegated Regulation (EU) 2020/203 of 28 November 2019 lays down requirements for classification of vehicles, detailed obligations of EETS users, requirements for interoperability constituents and minimum eligibility criteria for notified bodies.

Estimated savings and benefits

The competition on the EETS market will increase and the additional toll revenues will amount to €150 million per year. The reduced compliance costs will lead to savings for the road users and due to the fact that less on-board units need to be procured for purely national purposes, toll chargers will also register savings.