S.L. 499.74 Art. 11Information to be sent to Commission.

(1) The Authority shall send to the Commission, at least six (6) months prior to the implementation of a new or substantially amended infrastructure charge tolling arrangement:

(a) for tolling arrangements other than those involving concession tolls:

(i) the unit values and other parameters used in calculating the various infrastructure cost elements;

(ii) clear information on the vehicles covered by the tolling arrangements, the geographic extent of the network, or part of the network, used for each cost calculation, and the percentage of costs that are intended to be recovered; and

(iii) where applicable, clear information on the main characteristics of the electronic road toll system, including on interoperability;

(b) for tolling arrangements involving concession tolls:

(i) the concession contracts or significant changes to such contracts;

(ii) the base case on which the grantor has founded the notice of concession, as referred to in Annex VII B to Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts:

Provided that the base case shall include the estimated costs as defined in regulation 10(1) envisaged under the concession, the forecast traffic, broken down by type of vehicle, the levels of toll envisaged and the geographic extent of the network covered by the concession contract.

(2) When sending information to the Commission in accordance with sub-regulation (1), the Authority may include information on more than one (1) amendment to an infrastructure charge tolling arrangement.

(3) Where the Commission has already been informed of an amendment, the Authority shall be deemed to have already fulfilled the information requirements stipulated in sub-regulation (1) and that amendment may be implemented without informing the Commission further.

(4) Prior to the implementation of a new or substantially amended external-cost charge or congestion charge tolling arrangement, the Authority shall inform the Commission about the network concerned, the rates per vehicle category and emission class that are envisaged and, where applicable, shall notify the Commission in accordance with item 2 of the Second Schedule or item 2 of the Seventh Schedule.

(5) The Authority shall not provide for discounts or reductions for any users in relation to the external-cost charge element of a toll.

(6) The Authority may provide for discounts or reductions to the infrastructure charge on condition that:

(a) the resulting charging structure is proportionate, made public and available to users on equal terms and does not lead to additional costs being passed on to other users in the USER CHARGES TO VEHICLES

form of higher tolls;

(b) such discounts or reductions reflect actual savings in administrative costs of the treatment of frequent users compared to occasional users;

(c) reductions do not exceed thirteen percent (13%) of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction.

(7) The Authority may provide for discounts or reductions in the infrastructure charge for passenger cars for frequent users, in particular in areas in which settlement is dispersed and on the outskirts of cities.

(8) Reduction in revenues due to discount granted to frequent users shall not be imposed on less frequent users.

(9) Subject to the conditions provided for in regulation 5(9)(b) and (13), toll rates for major projects of the core trans-European transport network, the maps of which are identified in Annex I to Regulation (EU) No 1315/2013, may be subject to other forms of variation in order to secure the commercial viability of such projects when they are exposed to direct competition with other modes of transport. The resulting charging structure shall be linear and proportionate. Its details shall be made public, and it shall be available to all users on equal terms. Such shall not lead to additional costs being passed on to other users in the form of higher tolls.