Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
This law provides for electronic toll collection systems and for the European electronic toll service (EETS).
This law shall apply to electronic toll collection systems, the use of which requires the installation or attachment of separate electrical equipment to vehicles.
This law does not apply to small, exclusively local electronic toll collection systems.
Personal data shall be processed for processing personal data (523/1999) And the processing of spatial data data protection laws (14/0/2004) , subject to this law.
For the purposes of this law:
(1) By toll A charge, a tax or any other obligation to pay for the movement of the vehicle in the toll field;
(2) EETS toll service The toll base covered by Directive 2004 /52/EC of the European Parliament and of the Council on the interoperability of electronic road toll systems in the Community, i.e. part of the territory of the European Union, part of the European road network or structure, Such as a tunnel, bridge or ferry where a toll is levied;
(3) EETS Provider A legal person meeting the requirements laid down in Article 4 and registered in its Member State of establishment, which provides the possibility of using the European electronic toll service;
(4) The EETS user Any natural or legal person who enters into an agreement with the EETS provider in order to be able to use the European electronic toll service;
(5) The Toll Charger Any public or private organisation to levy tolls on vehicles moving on the EETS toll charge;
(6) Basic information on the toll The European Commission Decision 2009 /750/EC on the definition of the European electronic toll service and its technical components ( EETS Decision ) The information to be determined by the responsible toll operator in accordance with Article 6, which is necessary for the determination of the toll on a road vehicle and for the execution of a toll charge;
(7) On the vehicle device The assembly of equipment and software components necessary for the use of EETS and which is installed or attached to the vehicle for the collection, storage, processing, receipt and dispatch of data;
(8) By means of a toll declaration A declaration by the EETS Provider and the Toll Charger to the Toll Charger, which shall confirm the movement of the vehicle in the toll service;
(9) Interoperability constituents A basic component or group of components, sub-assemblies or entities of a device belonging to or intended to be incorporated into the EETS, of which the interoperability of the service depends, directly or indirectly, and which may be in addition to tangible objects, Including intangible assets such as software;
(10) Suitability for use The ability of the interoperability constituent to maintain a specified performance when operating in accordance with its purpose as part of EETS in relation to the system operator's system.
The electronic toll collection systems shall be based on one or more of the following techniques:
(1) satellite positioning (GNSS);
2) mobile communications in accordance with GSM-GPRS;
3) microwaves of 5,8 gigahertz.
The Finnish Transport Safety Agency shall issue registration to EETS Providers established in Finland with:
1) EN ISO 9001 certificate or equivalent;
2) technical equipment and EC declaration or EC certificate of conformity of the interoperability constituents as set out in point 1 of Annex IV to the EETS Decision;
(3) a demonstration of competence in the provision of electronic toll services or in the relevant fields;
(4) appropriate solvency;
(5) a continuous and comprehensive risk management plan, at least every two years;
6) good reputation.
An EETS Provider does not fulfil the requirement of good repute as referred to in paragraph 1 (6) if its responsible person has been sentenced during the last five years to a prison sentence or over the last three years A serious breach of the provisions or provisions relating to a serious employment relationship, the pursuit of the business, accounting or debt ratio, and the act demonstrates that he is manifestly unfit to act as a representative of the EETS service provider.
If the service provider no longer fulfils the conditions referred to in paragraph 1, the Traffic Safety Agency shall provide it with an opportunity to correct the inadequacy within a reasonable time. The traffic safety agency shall, after the deadline, withdraw the registration of its registered office if the service provider has not remedied the deficiencies and the lack of compliance.
The EETS service provider shall conclude EETS service contracts with the Toll Chargers within 24 months from the date of registration in accordance with Article 4 (1).
The EETS service provider shall ensure that the service covers all EETS toll items. The EETS service provider shall return the service to full coverage within six months of the change in the EETS toll charges or any other reason for preventing full coverage.
The EETS service provider shall inform the EETS users of the coverage of the service record and the changes therein.
The EETS Provider shall report annually to the Transport Safety Agency on the coverage of its services in the EETS record.
The obligation to provide EETS users with a service and technical assistance shall be subject to the provisions of Article 4 (4) and (5) of the EETS Decision.
The EETS Provider shall provide EETS users with the necessary vehicle equipment which complies with the requirements laid down in the EETS Decision. The service provider shall keep a list of the withdrawn vehicle equipment related to the use of EETS service contracts with users.
The EETS service provider shall publish the contractual conditions it applies to its service contracts with EETS users.
The EETS Provider service provider shall, in the invoices to EETS users, separate the service charges from the EETS Provider from the tolls incurred by the user. The calculation shall indicate the time and place of the road tolls and the composition of the individual road charges, unless the user is asking the service provider for invoicing in such a way that there is no breakdown of the tolls.
The EETS Provider shall inform the EETS user as soon as possible of any record of any of the tolls submitted in connection with his user account and provide an opportunity to remedy the situation before taking enforcement action.
The Toll Charger shall draw up and keep up to date the specifications of the EETS toll base in accordance with Annex I to the EETS Decision.
In accordance with Article 5 (3) of the EETS Decision, the Toll Charger shall, in accordance with Article 5 (3) of the EETS Decision, accept all EETS Providers who wish to provide EETS services in the toll domain within its responsibility.
The Toll Charger shall approve all relevant EETS Providers with a contractual relationship with the EETS service providers, in accordance with Annex IV to the EETS Decision, which are not included in the use referred to in Article 6 (2); The list of deleted vehicle equipment.
The Toll Charger shall keep electronically available to the public a list of EETS Providers with which it has concluded an agreement.
The Toll Charger shall act in relation to the testing of toll systems, the disruption of EETS and the assessment of the suitability for use of the interoperability constituents as provided for in Article 5 (6) to (8) of the EETS Decision.
The EETS user can order his services from any EETS provider.
The EETS User shall ensure that all user and vehicle information provided by the EETS Provider to its EETS Provider is correct.
The EETS User shall use the on-board equipment in accordance with the instructions of the EETS Provider and ensure that the vehicle equipment is operated when the vehicle is moving in the EETS toll service.
By payment of a toll to its EETS service provider, the EETS operator shall be deemed to fulfil his payment obligations to the Toll Charger.
The toll charged by the Toll Charger's EETS operator shall not exceed the toll charged by other users on the same toll road.
The Toll Charger shall, when determining the toll, apply the classification criteria of Annex VI to the EETS Decision. Where the rating of the vehicle used by an EETS service provider differs from that used by the Toll Charger, the classification used by the Toll Charger shall be applied, unless it can be shown to be incorrect.
The charges levied by the Toll Charger EETS Provider for tolls and toll declarations between the Toll Charger and the service provider shall be subject to the provisions of Article 7 (2) to (4) of the EETS Decision.
The Toll Charger and EETS shall organise the financial monitoring of EETS activities and the accounting records of the organisation's other activities in a separate way, so that the economic performance of the EETS activities can be reliably determined.
If the same organisation carries out the functions of both the Toll Charger and the EETS Provider, it shall draw up separate profit and loss accounts and balance sheets to be attached to the financial statements. The profit and loss account and the balance sheet, which shall be deductible from the organisation's accounts, shall be drawn up in accordance with (136/1997) In accordance with the provisions
EETS shall comply with the essential requirements laid down in Annex III to the EETS Decision.
EETS vehicle equipment may be used in addition to road tolls for the purpose of carrying out other services linked to the location of the vehicle. The use of vehicle equipment for other purposes shall not impair toll functions in the toll domain.
EETS interoperability constituents shall comply with the requirements laid down in Annex II to the EETS Decision. The interoperability constituents with the CE marking shall be deemed to meet these requirements.
The Transport Safety Agency may, if necessary, give more detailed provisions on the technical requirements referred to in this Article.
The assessment of conformity and suitability for use of interoperability constituents shall be subject to the provisions of Annex IV to the EETS Decision.
The ec declaration of conformity shall be drawn up by the manufacturer of the interoperability constituents or its authorised representative. The EC declaration of suitability for use shall be drawn up by the manufacturer of the interoperability constituents, its authorised representative or an EETS Provider. The issue of EETS as set out in Annex IV to the EETS Decision shall apply.
The interoperability constituents may be ce marking if they have conformity or suitability for use, or an EC declaration of both.
If the interoperability constituents for which the ce marking has been issued and which have been placed on the market do not meet the requirements laid down in Article 12, the Traffic Safety Agency shall determine the interoperability constituents or their authorised representative To correct the shortcomings within the time limit.
If the manufacturer of the interoperability constituents or its authorised representative does not comply with the provision referred to in paragraph 1 of the Traffic Safety Agency, the Finnish Transport Safety Agency may limit the scope of the interoperability constituents, prohibit: They are used or ordered to be withdrawn from the market.
The beneficiary of the restriction referred to in paragraph 2 shall provide the Transport Safety Agency with a statement of the execution of the decision in the period prescribed.
The Traffic Safety Agency shall immediately inform the European Commission and the notified body concerned of the measures taken pursuant to this Article. The Transport Safety Agency shall also notify the Member States of the European Union of the measures it has taken pursuant to paragraph 1.
The Finnish Transport Safety Agency may intensify its prohibition or orders pursuant to Article 14 by means of a periodic penalty payment or threat of a commission or suspension, as in the case of the (1113/1990) Provides.
The Ministry of Transport and Communications shall appoint, upon application, the bodies responsible for the assessment or control of the conformity or suitability for use of the interoperability constituents, as set out in the Annex IV to the EETS Decision, and shall ensure The European Commission and the other Member States of the European Union.
The designation decision shall specify the area of competence of the notified body, lay down the arrangements for the control of the installation and, where appropriate, impose additional requirements, restrictions and conditions on its operation to ensure that: Appropriate performance. The notified body may be designated for a limited period.
The institution shall be a registered legal entity or part thereof in Finland and shall comply with the minimum requirements set out in Annex V to the EETS Decision. An institution which fulfils the criteria specified in the relevant European standards shall be deemed to meet the minimum requirements.
The notified body shall notify the Ministry of Transport and Communications of any change which may affect the fulfilment of the conditions laid down in paragraph 1.
The notified body shall submit an annual report to the Ministry of Transport and Communications on its activities as referred to in Article 16 (1) and its results.
In carrying out its tasks, the notified body shall take into account the provisions, recommendations, guidelines and standards relating to the subject matter and monitor their development in their field of activity.
The notified body shall, in the performance of public administrative tasks within the meaning of this Law, comply with the provisions of the law on public authorities (18/09/1999) , the Personal Data Act, the Law on E-Commerce, (2003) , administrative law (2003) , language law (2003) And the Sami language (1886/2003) Provides. The staff of the notified body shall be subject to the provisions on civil liability in the performance of public administrative tasks. Liability for damages is governed by the law on damages (1999) .
The notified body may use outside testing, inspection or other services provided that the external service provider fulfils the conditions laid down in Article 17 (1). The notified body shall also be responsible for the measures it has carried out and for the overall assessment of conformity and suitability for use.
If the notified body no longer fulfils the conditions laid down in Article 17 (1) or does not comply with the conditions set out in the designation decision, or if there are serious deficiencies in its operation, the Ministry of Transport and Communications shall request it within the prescribed period To correct the observed defect. The Ministry of Transport and Communications shall withdraw the designation if the notified body has not remedied the irregularity within the given time limit.
The Ministry of Transport and Communications shall inform the European Commission and the Member States of the European Union of the withdrawal of the notified body.
The Finnish Transport Safety Agency shall keep a register of the EETS tolls on the territory of Finland. The register may be kept by automatic data processing.
The following information shall be stored in the register:
(1) the toll operator responsible for the toll service;
(2) used road toll technologies;
(3) basic information on the toll;
(4) EETS Providers which have concluded an agreement with the Toll Charger responsible for the toll service;
(5) a determination of the EETS toll base setting out the general conditions under which EETS Providers are able to operate in the toll domain.
The Finnish Transport Safety Agency shall keep the EETS at the public domain in electronic form. The transmission of register data to the European Commission and the competent authorities of the other Member States of the European Union shall be subject to the provisions of Article 19 (5) of the EETS Decision.
The Toll Charger responsible for the toll shall inform the Transport Safety Agency of any changes to the information referred to in paragraph 2. The notification shall be made without undue delay.
The Transport Safety Agency shall keep a register of EETS service providers in electronic format. The transmission of register data to the European Commission and the competent authorities of the other Member States of the European Union shall be subject to the provisions of Article 19 (5) of the EETS Decision.
The results of the audit of the risk management plan referred to in Article 4 (1) (5) shall be recorded in the register of EETS Providers.
Compliance with this law is monitored by the Finnish Transport Safety Agency.
The Ministry of Transport and Communications monitors the notified bodies it has designated.
Monitoring of the processing of personal data is laid down in the Personal Data Act and the Data Protection of Electronic Communications.
The Ministry of Transport and Communications and the Transport Safety Agency shall have the right to obtain from the EETS service provider, the Toll Charger, the Road Customs Operator, the documents necessary for monitoring compliance with this Act, From the manufacturer or its authorised representative and the notified body.
In its capacity as the controller, the Transport Safety Agency shall be entitled to review annually the fulfilment of the requirements of EETS Providers. The Transport Safety Agency shall be entitled to obtain the information necessary for the assessment of the requirement of good repute as referred to in Article 4 (1) (6) in respect of the criminal record and the (2006) The financial penalty referred to in Article 46.
For the purpose of carrying out its supervisory tasks, the Transport Safety Agency shall have the right to access the premises of the EETS provider, the Toll Charger or the manufacturer of the interoperability constituents, or its authorised representative, on behalf of: Other than those used for permanent housing.
Withdrawal of registration, correction of deficiencies of the interoperability constituents and the withdrawal of the designation shall be subject to appeal by the administrative court, as in the case of administrative law (18/06/1996) Provides.
The decision of the notified body shall require an adjustment of the notified body and the cancellation of the non-registration of the Ministry of Transport and Communications of the Ministry of Transport and Communications and of the Transport Safety Agency, The decision to correct and withdraw the designation by the issuing authority as provided for in the Administrative Act. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
The decision on the withdrawal of registration, the correction of the deficiencies of the interoperability constituents and the cancellation of the designation shall be subject to appeal by way of appeal as laid down by the Law on Administrative Law.
An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
The decision taken by the Ministry of Transport and Communications and the Traffic Safety Agency under this Act shall be complied with, in spite of the appeal, unless otherwise specified by the appeal authority.
However, the imposition of a periodic penalty payment and the imposition or suspension of the threat of suspension or suspension shall be subject to appeal as laid down in the Code of Threat Act.
This Act shall enter into force on 1 February 2014.
This law repeals the law on systems for the collection of electronic road user charges (995/2006) .
THEY 182/2013 , LiVM 17/2013, EV 159/2013
