Transposes To The Internal Legal Order The Directive 2004/52/ec Of The European Parliament And Of The Council Of 29 April, On The Interoperability Of Electronic Road Toll Systems In The Community With A View To The Implementation Of The Service And

Original Language Title: Transpõe para a ordem jurídica interna a Directiva n.º 2004/52/CE do Parlamento Europeu e do Conselho, de 29 de Abril, relativa à interoperabilidade dos sistemas electrónicos de portagem rodoviária na Comunidade tendo em vista a implementação do Serviço E

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624463304c5667755a47396a&fich=ppl74-X.doc&Inline=false

1 PROPOSAL of law No. 74/X explanatory memorandum the white paper on European transport policy contains clear objectives for safety and fluidity of road traffic, which in conjunction with the increased mobility of people and goods using the road in the community space, makes it essential to guarantee the quality of transport infrastructures, as well as the effectiveness of the means used. This warranty is increasingly dependent on the use of toll systems and progressive generalization of electronic systems for their collection. In this context, the Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the community, laid down the conditions necessary to ensure the interoperability of electronic road toll systems in the community and the establishment of a European electronic toll service. In fact, the electronic toll systems contribute significantly to increasing road safety, for the reduction of cash transactions to the decongestion of toll plazas, with a consequent reduction of the negative environmental impact which arises from the existence of vehicles on standby and start-up of the same, as well as the economic, social and environmental impacts resulting from the possible installation of new toll barriers or the expansion of existing ones. However, to best meet the desirable objectives of security and fluidity of road traffic throughout the European Community, it is imperative that the electronic toll systems are interoperable, standards-based, transparent and non-discriminatory public, and adapted, to the future development of road-charging policy at Community level as to future technical developments. In this last perspective, through Decree-Law No. 192/2000, of 18 August, and of Decree-Law No. 74/92, of 29 April, and ministerial order No. 767/93, of 31 August, proceeded to the transposition into the internal legal order, respectively, paragraph 2 Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 concerning radio equipment and telecommunications terminal equipment and the mutual recognition of your compliance, and Directive No. 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility. It is now necessary for the implementation of the European electronic toll service, with a view to enabling the technical, contractual and procedural interoperability of toll systems, allowing also the development of intermodality, without causing damages to other modes of transport. Was heard the National Commission for Data Protection.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 1-article 1 subject-matter this law establishes the conditions necessary to ensure the interoperability of electronic road toll systems at national and community level, through a European electronic toll service, transposing to the internal legal order the Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004. 2-the European electronic toll service complements the national electronic toll collection services and ensures, throughout the community, interoperability for the user, electronic toll collection systems already deployed on a national scale with those who will be deployed in the future, under this law.

Article 2 scope 1-this law is applicable to the electronic collection of any kind of fees for use of road infrastructure throughout the national road network, urban and long distance, on motorways, main or secondary roads, and in 3 structures or means of transport such as tunnels, bridges and ferries. 2. this law shall not apply in the following cases: a road toll systems) for which there are no electronic means of recovery; b) electronic road toll collection Systems that do not require the installation of equipment on the vehicle; c) small toll road systems, strictly local, for which the costs of compliance with the requirements of this Act are disproportionate to the benefits.

Article 3 1 technological solutions-all new electronic toll systems which come into operation from January 1 2007, intended to be used for electronic toll collection transactions vehicles, have to be based on the use of one or more of the following technologies: satellite positioning); b) mobile communications GSM-GPRS standard (reference GSM TS 03.60/23,060); c) 5.8 GHz microwave Technologies. 2-operators and/or issuers should place at the disposal of users interested to install equipment in the vehicles since suitable for all electronic toll systems in operation in the Member States of the European Union, using the technologies referred to in paragraph 1 of this article and are suitable for use in vehicles of all types in accordance with the timetable provided for in paragraph 7 of article 4 3-the equipment referred to in the preceding paragraph should be at least interoperable and capable of communicating with all the systems operating in the territory of the Member States of the European Union which use one or more of the technologies listed in paragraph 1 of this article. 4-Notwithstanding the provisions of paragraph 1, the equipment to be installed in vehicles may be suitable for other technologies, since this does not involve an additional burden for users or create discrimination between them. 4 5-where necessary, the equipment to be installed in vehicles can be connected to the electronic tachograph or other electronic equipment of the vehicle. 6-the necessary measures must be taken to increase the use of electronic toll systems, in the sense that until January 1 2007, at least 50% of the traffic on each toll plaza can use electronic toll systems. 7-the routes used for electronic toll collection can also be used for toll collection by other means, as long as it safeguarded the security. 8-updating and modernization of electronic toll collection systems exist, organised in the framework of the European electronic toll service shall ensure compatibility and the interface of these technologies with those referred to in paragraph 1, as well as of their equipment. 9-The equipment for the European electronic toll service shall meet the requirements of the provisions of Decree-Law No. 192/2000, of 18 August, which proceeded to transposition of the Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of your compliance , and the provisions of Decree-Law No. 74/92, of 29 April, and in ministerial order No. 767/93, of 31 August, which proceeded to the transposition of Directive No. 89/336/EEC of 3 May 1989 on the approximation of the laws of the Member States relating to electromagnetic compatibility.

Article 4 European electronic toll service


1-the European electronic toll service covers the road networks of the European Union, in which the use of electronic tolling systems or road infrastructure utilization rates. 2-the European electronic toll service consists of a contractual set of rules allowing all operators and/or issuers to provide this service, through a set of standards and technical requirements and through a single contract of adhesion between the clients and the operators and/or issuers that are covered by this law. 5 3-the contract referred to in the preceding paragraph gives access to the service across the network, and can be subscribed to an issuer or operator of any part of the network. 4-the European electronic toll service is independent of the decisions taken by the State as the imposition of tolls on certain types of vehicles, the charging level applied and your purpose, referring exclusively to the collection of tolls or fees. 5-the European electronic toll service should allow the conclusion of contracts, irrespective of the place of registration of the vehicle, the nationality of the parties to the contract and of the zone or of the point of the road network where the toll is due. 6-the work intended to ensure the interoperability of electronic toll collection systems exist, organised in the framework of the European electronic toll service shall ensure the compatibility of technologies in use with those referred to in paragraph 1 of article 3, as well as of their equipment. 7-the operators and/or issuers of electronic toll collection systems, must ensure the European electronic toll service to their customers within the following deadlines: a) for all vehicles with a gross weight of more than 3.5 tonnes and all vehicles carrying more than 9 passengers (driver + 8), the maximum period of three years after the decisions have been taken concerning the definition of the European electronic toll service; b) for all other types of vehicles, within a maximum period of five years after the decisions have been taken concerning the definition of the European electronic toll service. 8-the system should allow the development of intermodality without causing damages to other modes of transport.

Article 5 characteristics of the European electronic toll service 1-the European electronic toll service is based on the elements listed in the annex to this law, which may be changed for technical reasons, by the procedures laid down in articles 5, 7 and 8 of decision 1999/468/EC, the Council of the European Union, of 28 June 1999. 2-the European electronic toll service is based on the 6 technology solutions referred to in article 3 of this law and other publicly available specifications.

Article 6 processing of personal data The personal data necessary for the operation of the European electronic toll service are treated according to national and European standards of protection of freedoms and fundamental rights, including with regard to your privacy.

Article 7 rules applicable to electronic toll collection systems 1-The relevant standardization bodies in the field of technical standards and regulations, as well as the European Committee for standardisation, should develop the necessary efforts for the adoption of the rules applicable to electronic toll systems, in relation to the technologies referred to in paragraph 1 of article 3, in accordance with the procedure established by Decree-Law No. 58/2000 , 18 April. 2-other regulation for the European electronic toll service, including the regulation of equipment necessary to the systems referred to in this law, shall be carried out on the basis of the arrangements to be drawn up by the European Commission and the Committee for electronic toll collection.

Article 8 entry into force this law shall enter into force 30 days after your publication.

Seen and approved by the Council of Ministers of 18 May 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 7 ANNEX elements necessary to define and carry out the European electronic toll service the elements listed below are essential for the definition and realisation of the European electronic toll service. These elements are broken down into technical, procedural and legal issues. 1-technical issues: the) operational procedures of the service, established taking into account the procedures in force in the Member States of the European Community: signature, instructions for use, installation and fixing of the equipment on Board of vehicles, processing of transactions in tolls or continuous charging, data recovery procedures on transactions in the event of failure or malfunction of the equipment, control systems , invoicing and collection of amounts due, after-sales service, customer assistance, definition of the level of services provided to customers; b) service functional specifications: description of the functions of the equipment to be installed in vehicles and ground equipment; c) technical specifications of the equipment and the equipment to be installed in vehicles in underpinning the service: standards, certification procedures and limitations to be observed; d) Launch and follow-up of work involving relevant standardisation bodies and any add-ons or pre-standards used technical standards to ensure interoperability; e) specifications for the installation of the equipment inside the vehicles; f) transactional Models: precise definition of transactional algorithms for each type of toll (toll in a fixed point or continuous charging), definition of the data exchanged between the equipment installed in vehicles and ground equipment, as well as the related formats; g) provisions governing the installation of on-board equipment that meet the needs of all clients interested. 2-procedural issues: a) verification procedures of technical performance of the equipment on board 8 vehicles and road networks, as well as the way in which the equipment is installed in vehicles; b) sort parameters of vehicles: validation of a European list of technical parameters from which each Member State will select the that you want to use for your charging policy. The parameters must represent the physical characteristics of the engine and vehicle environmental. The establishment of classes of vehicles based on these parameters will be the responsibility of the Member States of the European Union; c) implementation of procedures to ensure the treatment of individual cases, such as all kinds of anomalies. This point refers, in particular, to cases in which the toll road operator and the client are in different countries. 3-legal issues: a) validation of technical solutions adopted in relation to European regulations on protecting fundamental freedoms and personal rights, including with regard to your private life. It will be necessary to ensure, in particular, that the provisions of directives 95/no. 46/CE and 2002/58 Nr./EC, transposed into the internal legal order, respectively, by law No. 67/98 of 26 October and no. 41/2004 of 18 August; b) establishing common rules and non-discriminatory minimum requirements to be respected by service providers in order to perform these functions; c) evaluation of the possibility of harmonization of the implementing rules relating to electronic road tolls; d) memorandum of agreement between the operators and/or issuers of electronic toll systems that allow the European electronic toll service is implemented, including the definition of procedures for the settlement of disputes.