Directive 2006/38/EC of the European Parliament and of the CouncilShow full title

ANNEX I U.K.

“ANNEX 0 EMISSION LIMITS

1. “EURO 0” vehicle U.K.

Mass of carbon monoxide (CO) g/kWh	Mass of hydrocarbons (HC) g/kWh	Mass of nitrogen oxides (NOx) g/kWh
12,3	2,6	15,8

2. “EURO I”/“EURO II” vehicles U.K.

a A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85 kW or less.
	Mass of carbon monoxide (CO) g/kWh	Mass of hydrocarbons (HC) g/kWh	Mass of nitrogen oxides (NOx) g/kWh	Mass of particulates (PT) g/kWh
“EURO I” vehicle	4,9	1,23	9,0	0,4a
“EURO II” vehicle	4,0	1,1	7,0	0,15

3. “EURO III”/“EURO IV”/“EURO V”/“EEV” vehicles U.K.

a A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine must respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).
b 0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3 000 min-1.
The specific masses of carbon monoxide, total hydrocarbons, nitrogen oxides and particulates, determined by the ESC test and the exhaust gas opacity, determined by the ELR test, must not exceed the following valuesa:
	Mass of carbon monoxides (CO) g/kWh	Mass of hydrocarbons (HC) g/kWh	Mass of nitrogen oxides (NOx) g/kWh	Mass of particulates (PT) g/kWh	Exhaust gas m-1
“EURO III” vehicle	2,1	0,66	5,0	0,1b	0,8
“EURO IV” vehicle	1,5	0,46	3,5	0,02	0,5
“EURO V” vehicle	1,5	0,46	2,0	0,02	0,5
“EEV” vehicle	1,5	0,25	2,0	0,02	0,15

4. Future emission classes of vehicles as defined in Directive 88/77/EEC and subsequent amendments may be considered.” U.K.

ANNEX II U.K.

“ANNEX III CORE PRINCIPLES FOR THE ALLOCATION OF COSTS AND CALCULATION OF TOLLS

This Annex stipulates the core principles for the calculation of weighted average tolls to reflect Article 7(9). The obligation to relate tolls to costs shall be without prejudice to the freedom of Member States to choose, in accordance with Article 7a(1), not to recover the costs in full through toll revenue, or to the freedom, in accordance with Article 7(10), to vary the amounts of specific tolls away from the average(1).

The application of these principles shall be fully consistent with other existing obligations under Community law, in particular the requirement for concession contracts to be awarded in accordance with Directive 2004/18/EC and other Community instruments in the field of public procurement.

Where a Member State engages in negotiations with one or more third parties with a view to establishing a concession contract regarding the construction or operation of a part of its infrastructure, or in view of this purpose engages in a similar arrangement based on national legislation or an agreement entered into by the government of a Member State, compliance with these principles shall be judged on the basis of the outcome of these negotiations.

1. Definition of the network and of vehicles covered U.K.

— Where a single tolling regime is not to be applied to the whole TEN road network, a Member State shall specify precisely the part or parts of the network which are to be subject to a tolling regime as well as the system its uses to classify vehicles for the purposes of toll variation. Member States shall also specify whether they are extending the scope of their tolling regime to cover vehicles below the 12-tonne threshold. U.K.

— Where a Member State chooses to adopt different policies regarding cost recovery for different parts of its network (as permitted under Article 7a(1)), each clearly defined part of the network shall be subject to a separate calculation of costs. A Member State may choose to split its network up into a number of clearly defined parts so as to establish separate concession arrangements or similar for each part. U.K.

2. Infrastructure costs U.K.

2.1. Investment costs U.K.

— Investment costs shall include the costs of construction (including financing costs) and the costs of developing the infrastructure plus, where appropriate, a return on the capital investment or profit margin. Costs of land acquisition, planning, design, supervision of construction contracts and project management, and of archaeological and ground investigations, as well as other relevant incidental costs, shall also be included. U.K.

— The recovery of construction costs shall be based on either the design lifetime of the infrastructure or such other amortisation period (not being less than 20 years) as may be considered appropriate for reasons of financing through a concession contract or otherwise. The length of the amortisation period may be a key variable in negotiations regarding the establishment of concession contracts, particularly if the Member State concerned wishes, as part of the contract, to set a ceiling regarding the weighted average toll applicable. U.K.

— Without prejudice to the calculation of investment costs, the recovery of costs may: U.K.

• be apportioned evenly over the amortisation period or weighted to the early, middle or later years, provided that such weighting is carried out in a transparent manner,

• provide for indexation of tolls over the amortisation period.

— All historic costs shall be based on the amounts paid. Costs which are still to be incurred will be based on reasonable cost forecasts. U.K.

— Government investment may be assumed to be financed borrowings. The rate of interest to be applied to historical costs shall be the rates that applied to government borrowings over that period. U.K.

— Costs shall be apportioned to heavy goods vehicles (HGVs) on an objective and transparent basis taking account of the proportion of HGV traffic to be carried on the network and the associated costs. The vehicle kilometres travelled by HGVs may for this purpose be adjusted by objectively justified “equivalence factors” such as those set out in point 4(2). U.K.

— Provision for estimated return on capital or profit margin shall be reasonable in the light of market conditions and may be varied for the purpose of providing performance incentives for a contracted third party with regard to quality of service requirements. Return on capital may be evaluated using economic indicators such as IRR (internal rate of return on investment) or WACC (weighted average cost of capital). U.K.

2.2. Annual maintenance costs and structural repair costs U.K.

— These costs shall include both the annual costs of maintaining the network and the periodic costs relating to repair, reinforcement and resurfacing, with a view to ensuring that the level of operational functionality of the network is maintained over time. U.K.

— Such costs shall be apportioned between HGV and other traffic on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4. U.K.

3. Operating, management and tolling costs U.K.

These costs shall include all costs incurred by the infrastructure operator which are not covered under Section 2 and which relate to the implementation, operation and management of the infrastructure and of the tolling system. They shall include in particular:

• the costs of constructing, establishing and maintaining toll booths and other payment systems,

• the day to day costs of operating, administering and enforcing the toll collection system,

• administrative fees and charges relating to concession contracts,

• management, administrative and service costs relating to the operation of the infrastructure.

The costs may include a return on capital or profit margin reflecting the degree of risk transferred.

Such costs shall be apportioned on a fair and transparent basis between all vehicle classes that are subject to the tolling system.

4. Share of goods traffic, equivalence factors and correction mechanism U.K.

— The calculation of tolls shall be based on actual or forecast HGV shares of vehicle kilometres adjusted, if desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use by goods vehicles. U.K.

— The following table gives a set of indicative equivalence factors. Where a Member State uses equivalence factors with ratios differing from those in the table, they shall be based on objectively justifiable criteria and shall be made public. U.K.

a See Annex IV for the determination of the vehicle class.
b The vehicle classes correspond to axle weights of 5,5, 6,5, 7,5 and 8,5 tonnes respectively.
Vehicle classa	Equivalence factors
	Structural repairb	Investments	Annual maintenance
Between 3,5 t and 7,5 t, Class 0	1	1	1
> 7,5 t, Class I	1,96	1	1
> 7,5 t, Class II	3,47	1	1
> 7,5 t, Class III	5,72	1	1

— Tolling regimes which are based on forecast traffic levels shall provide for a correction mechanism whereby tolls are adjusted periodically to correct any under or over-recovery of costs due to forecasting errors.” U.K.

ANNEX III U.K.

“ANNEX IV INDICATIVE VEHICLE CLASS DETERMINATION

The vehicle classes are defined by the table below.

Vehicles are classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending order (Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially with the increase in axle weight.

All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7,5 tonnes belong to damage class 0.

Motor vehicles U.K.

a Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive as last amended by Directive 2002/7/EC of the European Parliament and of the Council (OJ L 67, 9.3.2002, p. 47).
Driving axles with air suspension or recognised equivalenta		Other driving axle suspension systems		Damage class
Number of axles and maximum permissible gross laden weight (in tonnes)		Number of axles and maximum permissible gross laden weight (in tonnes)
Not less than	Less than	Not less than	Less than
Two axles
7,5 12 13 14 15	12 13 14 15 18	7,5 12 13 14 15	12 13 14 15 18	I
Three axles
15 17 19 21 23 25	17 19 21 23 25 26	15 17 19 21	17 19 21 23
		23 25	25 26	II
Four axles
23 25 27	25 27 29	23 25	25 27	I
		27 29 31	29 31 32	II
29 31	31 32

Vehicle combinations (articulated vehicles and road trains) U.K.

Driving axles with air suspension or recognised as equivalent		Other driving axle suspension systems		Damage class
Number of axles and maximum permissible gross laden weight (in tonnes)		Number of axles and maximum permissible gross laden weight (in tonnes)
Not less than	Less than	Not less than	Less than
2 + 1 axles
7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	I
2 + 2 axles
23 25 26 28	25 26 28 29	23 25 26 28	25 26 28 29
29	31	29	31	II
31	33	31	33
33 36	36 38	33	36	III
2 + 3 axles				II
36 38	38 40	36	38
		38	40	III
3 + 2 axles				II
36 38	38 40	36	38
		38 40	40 44	III
40	44
3 + 3 axles
36 38	38 40	36	38	I
		38	40	II
40	44	40	44”

(1)

These provisions, together with the flexibility offered in the way costs are recovered over time (see the third indent of point 2.1), give considerable margin to fix tolls at levels which are acceptable to users and adapted to the specific transport policy objectives of the Member State.

(2)

The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using a long life cycle approach.