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Commission Decision of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements (notified under document C(2009) 7547) (Text with EEA relevance) (2009/750/EC)

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CHAPTER IU.K. GENERAL PROVISIONS

Article 1U.K.Subject matter and scope

1.This Decision defines the European Electronic Toll Service (EETS).

It sets out the necessary technical specifications and requirements for that purpose, and contractual rules relating to EETS provision.

2.This Decision lays down rights and obligations on EETS Providers, Toll Chargers and EETS Users.

Article 2U.K.Definitions

For the purpose of this Decision:

(a)

‘EETS domain’ means a toll domain falling under the scope of Directive 2004/52/EC;

(b)

‘EETS Provider’ means a legal entity fulfilling the requirements of Article 3 and registered in a Member State where it is established, which grants access to EETS to an EETS User;

(c)

‘EETS User’ means a (natural or legal) person who subscribes a contract with an EETS Provider in order to have access to EETS;

(d)

‘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;

(e)

‘on-board equipment’ means the complete set of hardware and software components required for providing EETS which is installed on board a vehicle in order to collect, store, process and remotely receive/transmit data;

(f)

‘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;

(g)

‘tariff class’ means the set of vehicles treated similarly by a Toll Charger;

(h)

‘tariff scheme’ means the allocation to tariff classes of the toll to be paid, as defined by a Toll Charger;

(i)

‘technical specification’ means a specification as defined in Article 23 and Annex VI to Directive 2004/18/EC;

(j)

‘toll’ means a charge, tax or duty levied in relation with circulating a vehicle in a toll domain;

(k)

‘Toll Charger’ means a public or private organisation which levies tolls for the circulation of vehicles in an EETS domain;

(l)

‘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;

(m)

‘toll declaration’ means a statement to a Toll Charger that confirms the circulation of a vehicle in a toll domain in a format agreed between the toll service provider and the Toll Charger;

(n)

‘toll domain’ means an area of EU territory, a part of the European road network or a structure such as a tunnel, a bridge or a ferry where toll is collected;

(o)

‘toll regime’ means the set of rules, including enforcement rules, governing the collection of toll in a toll domain;

(p)

‘toll transaction’ means an action or sequence of actions in which a toll declaration is passed to the Toll Charger;

(q)

‘vehicle classification parameters’ means the vehicle related information according to which tolls are calculated based on the Toll Context Data.

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