Commission Implementing Regulation (EU) 2020/204Show full title

Commission Implementing Regulation (EU) 2020/204

of 28 November 2019

on detailed obligations of European Electronic Toll Service providers, minimum content of the European Electronic Toll Service domain statement, electronic interfaces, requirements for interoperability constituents and repealing Decision 2009/750/EC

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 5(11), 6(9), 14(3), 15(6) and 15(7) thereof,

After consulting the Electronic Toll Committee,

Whereas:

(1) In order to complete the legislative framework for ensuring the interoperability of electronic road toll systems, it is necessary to lay down detailed requirements in respect of obligations of European Electronic Toll Service (EETS) providers, the content of the EETS domain statement, electronic interfaces and requirements for interoperability constituents.

(2) In order to avoid performance problems of the EETS system, EETS providers, should be required to monitor their service and collaborate with the toll charger when performing toll system tests.

(3) EETS providers should provide specific data to the toll charger so that the verification of the calculation of the toll applied can take place.

(4) To ensure smooth functioning of the EETS system, EETS providers should provide technical support for the identification of the on-board-equipment.

(5) Where the measures provided for in this Regulation entail the processing of personal data, they should be carried out in accordance with Union law on the protection of personal data and privacy, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council(2), and, where applicable, Directive 2002/58/EC of the European Parliament and of the Council(3). To this end, EETS providers should not be required to provide more client data to the toll chargers than is necessary to ensure the correct functioning of the EETS.

(6) In order to provide appropriate information to the users, invoicing should reflect the various service and toll price components in a transparent manner.

(7) The minimum content of an EETS domain statement should be specified to give EETS providers sufficient clarity regarding the conditions for providing EETS in the corresponding toll domain.

(8) Seamless functioning of the EETS requires a minimum level of harmonisation of the electronic interfaces, and of the functioning of the interfaces between parties, in particular, between the toll chargers and the EETS providers.

(9) Specific infrastructure requirements should be laid down to allow for the correct communication and functioning of the equipment of the parties involved and to achieve a smooth and secure functioning of the EETS interoperability and enforcement.

(10) To make the process of accrediting EETS providers more effective, some harmonisation of the procedure for assessment of conformity to specifications and suitability for use of interoperability constituents across the different EETS domains is needed. Therefore, it is necessary to lay down such a procedure, including the content and format of the EC declarations.

(11) In order to ensure the coherence of the legal framework and the proper functioning of the EETS system, Commission Decision 2009/750/EC(4) should be repealed from the date by which Directive (EU) 2019/520 must be transposed in all Member States, which is the date on which this Regulation and the delegated acts referred to in that Directive will start to apply.

(12) The measures provided for in this Regulation are in accordance with the opinion of the Electronic Toll Committee, referred to in Article 31(1) of Directive (EU) 2019/520.

HAS ADOPTED THIS REGULATION:

(1)

OJ L 91, 29.3.2019, p. 45.

(2)

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, OJ L 119, 4.5.2016, p. 1.

(3)

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector, OJ L 201, 31.7.2002, p. 37.

(4)

Commission Decision 2009/750/EC of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements, OJ L 268, 13.10.2009, p. 11.