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

This Regulation lays down detailed obligations for EETS providers, information on the minimum content of the EETS domain statement, specifications for the electronic interfaces between the interoperability constituents, requirements for these constituents, and the procedure to be applied by Member States to assess conformity to specifications and suitability for use of interoperability constituents.

1 For monitoring the performance of their services, EETS providers shall put in place audited operational processes that provide for appropriate measures when performance problems or integrity breaches are detected.

2 In Global Navigation Satellite System based systems, EETS providers shall monitor the availability of navigation and positioning satellite localisation data. They shall inform toll chargers of any difficulties they may have in establishing toll declaration data that relate to the reception of satellite signals.

3 A toll charger may require the cooperation of an EETS provider to perform unannounced and detailed toll system tests involving vehicles circulating or having recently circulated on the toll charger’s EETS domain(s). The number of vehicles submitted to such tests over a year for a particular EETS provider shall be commensurate with the average annual traffic or traffic projections of that EETS provider on the toll charger’s EETS domain(s).

4 Unless otherwise agreed, the EETS provider shall provide the toll charger with the following information, which is needed to apply the toll to EETS users’ vehicles, or to allow the toll charger to verify the calculation of the toll applied to EETS users’ vehicles by the EETS providers: (a) the licence plate number of the EETS user’s vehicle, including the international licence plate country code; (b) an identifier of the EETS user’s account; (c) an identifier of the OBE, if used in an EETS domain; (d) the vehicle classification parameters necessary to establish the applicable tariff. The data exchange shall be compliant with the provisions of Annex I of this Implementing Regulation.

5 EETS providers shall provide appropriate service and technical support to ensure correct setting-up of the on-board equipment. EETS providers shall be responsible for fixed vehicle classification parameters stored in on-board equipment or in their back office. Variable vehicle classification parameters, which can vary from trip to trip or within a trip, and are intended to be introduced by in-vehicle intervention shall be configurable through an appropriate human-machine interface.

6 Where applicable, invoicing of individual EETS users by EETS providers shall clearly separate the service charges of the EETS provider from the tolls incurred, and shall at a minimum specify — unless the user decides otherwise — the time and the location of the tolls incurred, and the user-relevant composition of specific tolls.

7 EETS providers shall inform EETS users immediately of any non-declaration of tolls in relation to their account, offering, the opportunity to regularise the account before any enforcement action is taken, where this is possible under national legislation.

The EETS domain statement referred to in Article 6(2) of Directive (EU) 2019/520 shall as a minimum contain the elements listed in Annex II of this Implementing Regulation, and shall comply with the requirements provided for in that Annex.

1 Toll chargers and EETS providers shall put in place common interfaces and implement communication protocols in conformity with the requirements of Annex I of this Implementing Regulation. Through interoperable communication channels, EETS providers shall provide toll chargers with secure information relative to tolling operations and control/enforcement in conformity with applicable technical specifications.

2 EETS providers shall ensure that toll chargers are able to easily and unambiguously detect whether a vehicle circulating on their EETS domain requiring the use of an OBE and allegedly using EETS is actually equipped with a validated and properly functioning EETS OBE that provides correct information.

3 EETS OBE shall provide a human-machine interface, that indicates to the user that the OBE is functioning properly, and an interface for declaring variable toll parameters and for indicating the settings of those parameters.

Conformity to specification and suitability for use of interoperability constituents shall be assessed in compliance with Annex III of this Implementing Regulation.

Decision 2009/750/EC is repealed with effect from 19 October 2021.

This 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.