S.L. 499.74 Art. 10Variation of infrastructure charge.

(1) The Authority may decide not to apply the requirement of varying the infrastructure charge in accordance with regulation 9(7) where an external-cost charge for CO emissions is 2 levied and varied according to the reference values of the external-cost charge for CO emissions in the Fourth Schedule. 2

(2) On road sections where a vehicle is operated without CO emissions in a verifiable manner, the Authority may apply to that 2 vehicle reduced charges in accordance with CO emission class 5. 2

(3) If the Authority decides to utilize the option in sub-regulation (2), it shall apply the charges applicable to CO emission 2 class 1 to that vehicle on other road sections.

(4) The application of the variation of charges based on CO 2 emissions referred to in this regulation and regulation 9 shall not be mandatory where another Union road transport fuel carbon-pricing measure applies.

(5) The Authority may differentiate tolls and user charges for light-duty vehicles according to the environmental performance of the vehicle determined by the specific CO emissions combined, or 2 weighted combined, recorded in entry forty-nine (49) of the certificate of conformity of the vehicle, and by the Euro emission performance.

(6) Without prejudice to sub-regulations (8) and (9), lower rates of tolls and user charges shall apply for passenger cars, minibuses and light commercial vehicles that meet both of the following conditions:

(a) their specific CO emissions, determined in 2 accordance with Commission Regulation (EU) 2017/1151, shall be zero (0) or shall be below the following levels:

(i) for the period 2021 to 2024, the EU fleet-wide targets 2021 determined in accordance with Part A, point 6, and Part B, point 6, of Annex I to Regulation

(EU) 2019/631, as may be amended from time to time;

(ii) for the period 2025 to 2029, the EU fleet-wide targets determined in accordance with Part A, point 6.1.1, and Part B, point 6.1.1, of Annex I to Regulation

(EU) 2019/631, as may be amended from time to time;

(iii) for the period 2030 onwards, the EU fleet-wide targets determined in accordance with Part A, point 6.1.2, and Part B, point 6.1.2, of Annex I to Regulation

(EU) 2019/631, as may be amended from time to time;

(b) their pollutant emissions, determined in accordance with Regulation (EU) 2017/1151, shall be as specified in the Table of the Seventh Schedule. USER CHARGES TO VEHICLES

(7) The Authority may apply the reduction for zero-emission vehicles referred to in the Seventh Schedule without applying reductions for the other emissions performance categories referred to in the said Schedule.

(8) From 1st January 2026, where technically practicable, the Authority shall vary the tolls and the annual rate of the user charges for vans and minibuses according to the environmental performance of the vehicle, in accordance with the rules set out in the Seventh Schedule. For that purpose, the provisions of sub-regulation

(6) shall be indicative.

(9) If the Authority chooses to apply different emission performance criteria or levels of reduction to those set out in sub-regulations (5) to (7), or choose to include different or additional criteria, it shall notify the Commission of its choices and provide written justification for such choices, at least six (6) months before the introduction of any such variation:

Provided that, the Authority may choose to apply reductions to zero-emission vehicles only, without applying any variation to other vehicles and without notifying the Commission.

(10) The Authority may take into account an improvement in the environmental performance of the vehicle which is linked to that vehicle’s conversion to alternative fuels.

(11) The Authority may adopt exceptional measures for the purpose of charging vehicles of historical interest.

(12) The variations referred to in this regulation shall not be designed to generate additional revenues.