S.L. 499.74 Art. 5Infrastructure charge.

(1) In the case that tolls are introduced as an infrastructure charge, the charge for heavy-duty vehicles shall be based on the principle of the recovery of infrastructure costs. The weighted average infrastructure charge for heavy-duty vehicles shall be related to the construction costs and the costs of operating, maintaining and developing the infrastructure network concerned. The weighted average infrastructure charge may also include a return on capital and, or a profit margin based on market conditions.

(2) The costs taken into account shall relate to the network USER CHARGES TO VEHICLES

or the part of the network on which infrastructure charges for heavy-duty vehicles are levied and to the vehicles that are subject to those charges and the Authority may choose to recover only a percentage of those costs.

(3) The Authority shall calculate the maximum level of infrastructure charge for heavy-duty vehicles using a methodology based on the core calculation principles set out in sub-regulations (1) and (2) and in the First Schedule.

(4) In the event that concession tolls are introduced, the maximum level of the infrastructure charge for heavy-duty vehicles shall be equivalent to, or less than, the level that would have resulted from the use of a methodology based on the core calculation principles set out in sub-regulations (1) and (2), and the Second Schedule. The assessment of such equivalence shall be made on the basis of a reasonably long reference period appropriate to the nature of the concession contract.

(5) After informing the Commission, the Authority may add a mark-up to the infrastructure charge levied on specific road sections which are regularly congested, or the use of which by vehicles causes significant environmental damage, where the following conditions are met:

(a) the revenue generated from the mark-up is invested in financing the development of transport services or in the construction or maintenance of transport infrastructure of the core trans-European transport network which contribute directly to the alleviation of the congestion or environmental damage and which are located in the same corridor as the road section on which the mark-up is applied;

(b) the mark-up does not exceed fifteen percent (15%) of the weighted average infrastructure charge calculated in accordance with sub-regulations (1), (3) and (4), except where the revenue generated is invested in cross-border sections of a core network corridor identified in accordance with Chapter IV of Regulation (EU) No 1315/2013, in which case the mark-up shall not exceed twenty-five percent (25%) of that weighted average infrastructure charge;

(c) the application of the mark-up does not result in unfair treatment of commercial traffic compared to other road users;

(d) a description of the exact location of the mark-up and proof of a decision to finance transport infrastructure or transport services referred to in paragraph (a) are submitted to the Commission in advance of the application of the mark-up; and

(e) the period for which the mark-up is to apply is defined and limited in advance and is consistent, in terms of the expected revenue to be raised, with the financial plans and cost-benefit analysis for the projects co-financed with the revenue from the mark-up.

(6) A mark-up may be applied to an infrastructure charge which has been varied in accordance with sub regulations (9) to (13), regulation 9 or regulation 10.

(7) A mark-up may not be applied on road sections on which a congestion charge is levied.

(8) The infrastructure charge may be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, where the following conditions are met:

(a) the variation is transparent, made public and available to all users on equal terms;

(b) the variation is applied according to the time of day, type of day or season;

(c) no infrastructure charge is more than one hundred and seventy five (175%) above the maximum level of the weighted average infrastructure charge as referred to in sub-regulation (1) and (2);

(d) the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed six (6) hours per day;

(e) the variation is devised and applied in a transparent and revenue-neutral way on a road section affected by congestion by offering reduced toll rates for road users who travel during off-peak periods and increased toll rates for road users who travel during peak hours on the same road section; and

(f) no congestion charge shall be levied on the road section concerned.

(9) If the Authority wishes to introduce such variation or to change an existing one it shall inform the Commission and provide it with the information necessary to assess whether the conditions are fulfilled.

(10) Until the variation of infrastructure charges and user USER CHARGES TO VEHICLES

charges referred to in regulations 9 and 10 is applied, in respect of heavy-duty vehicles, the Authority shall vary the infrastructure charge according to the Euro emission class of the vehicle in such a way that no infrastructure charge is more than hundred percent (100%) above the same charge for equivalent vehicles meeting the strictest Euro emission standards. Once infrastructure charges and user charges are varied pursuant to regulations 9 and 10, the Authority may discontinue the variation according to the Euro emission class.

(11) The Authority may decide not to apply the requirement of varying the infrastructure charge where any of the following applies:

(a) it would seriously undermine the coherence of the tolling systems in its territory;

(b) it would not be technically practicable to introduce such differentiation in the tolling system concerned;

(c) it would lead to diversion of the most polluting vehicles with negative impacts on road safety and public health; or

(d) the toll includes an external-cost charge for air pollution:

Provided that in such a case, the Authority shall be obliged to notify the Commission with its decision.

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