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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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PROPOSED LAW NO. 74 /X

Exhibition of Motives

The White Paper on the European Transportation Policy contains clear objectives in

safety and fluidity of road traffic, what combined with the growing

mobility of persons and goods with recourse to the road mode in the community space,

makes it essential to guarantee the quality of transport infrastructure, as well as the

effectiveness of the means used.

This guarantee is increasingly dependent on the recourse to toll schemes and to the

progressive generalization of electronic systems for the respective collection.

In this context, Directive No 2004 /52/CE, of the European Parliament and of the Council, of

April 29, 2004, concerning the interoperability of electronic toll systems

road in the Community, has established the conditions necessary to ensure the

interoperability of electronic road toll systems in the Community and

has carried out the creation of a European Portage Electronic Service.

In effect, electronic toll systems contribute significantly to the

increase in road safety, for the reduction of cash transactions, for the

decongestion in the toll squares, with the consequent reduction of the impact

negative environmental that stems from the existence of waiting vehicles and the start-up of the

same, as well as the economic, social and environmental impacts resulting from the eventual

installation of new toll barriers or with the extension of existing ones.

However, for the better if they fulfil the desirable safety and fluidity objectives of the

road traffic across the European Community, it is imperative that the systems

electronic toll systems are interoperable, based on transparent standards,

public and non-discriminatory, and adapted, both to the future development of a

road collection policy at the community scale, such as future technical developments.

In the latter perspective, through the Decree-Law No. 192/2000, of August 18, and of the

Decree-Law No. 74/92, of April 29, and of the Portaria No. 767-A/93 of August 31,

proceeded to transposition into the domestic legal order, respectively, of the Directive

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n. 1999 /5/CE, of the European Parliament and of the Council of March 9, 1999, concerning

to radio equipment and telecommunications terminal equipment and to the

mutual recognition of their compliance, and of Directive No 89 /336/CEE of the

Council, of May 3, 1989 on the approximation of the laws of the

Member States relating to electromagnetic compatibility.

It is now shown to be necessary for the implementation of the European electronic service of

tolling, with a view to enabling the technical, contractual and procedural interoperability of the

various community toll systems, also allowing the development of the

intermodality, without this causing any damage to other modes of transport.

The National Data Protection Commission was heard.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Subject

1-A This Law sets out the conditions necessary to ensure the

interoperability of electronic road toll systems at the national level

and community, through a European electronic toll service, transposing

for the internal legal order to Directive No 2004 /52/CE of the European Parliament and

of the Council, of April 29, 2004.

2-The European electronic toll service complements electronic services

national toll road and guarantees, in the whole community, interoperability, for the

utent, from electronic toll systems already deployed on a national scale with

those who will be able to be deployed in the future under this Act.

Article 2.

Scope of application

1-A This Law shall apply to the electronic collection of any kind of fees of

use of road infrastructure in the whole of the national road network,

urban and intercity, on highways, main or secondary roads, and in

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structures or means of transport such as tunnels, bridges and overflow.

2-A This Law shall not apply in the following cases:

a) Road toll systems for which there are no electronic means

of collection;

b) Electronic road toll systems that do not require the installation of

equipment in the vehicle;

c) Small road toll systems, strictly locals, for which

the charges with the fulfilment of the requirements of this Law are

disproportionate to the benefits.

Article 3.

Technological solutions

1-All new electronic toll systems that come into operation

departure from January 1, 2007, intended to be used by vehicles in the

electronic toll transactions, they must necessarily be based on the

use of one or several of the following technologies:

a) Positioning by satellite;

b) Mobile communications according to GSM-GPRS standard (GSM reference TS

03.60/23.060);

c) Microwave technologies at 5.8 GHz.

2-Operators and / or issuers must place at the disposal of interested users the

equipment to be installed in the vehicles as long as it is suitable for all systems

electronic toll systems in operation in the Member States of the Union

European, which use the technologies referred to in paragraph 1 of this Article and are

appropriate for use in vehicles of all types, according to

timing provided for in Article 4 (7)

3-The equipment referred to in the preceding paragraph shall be at least interoperable and

capable of communicating with all systems in operation on the territory of the

Member States of the European Union using one or more of the technologies

indicated in paragraph 1 of this article.

4-Without prejudice to the provisions of paragraph 1, the equipment to be installed in the vehicles may be

appropriate to other technologies, provided that this does not imply an additional burden

for users nor create discrimination between them.

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5-Where necessary, the equipment to be installed in the vehicles may be connected to the

electronic tachograph or other electronic equipment of the vehicle.

6-The necessary measures should be taken to intensify the use of the

electronic toll systems, in the sense of up to January 1, 2007, by the

less, 50% of traffic in each toll plaza can use systems

electronic toll electronic.

7-The tracks used for electronic toll collection can be also

used for toll collection by other means, provided that it safeguarded the

security.

8-A update and modernization of the existing electronic toll systems,

carried out within the framework of the European electronic toll service, must guarantee to

compatibility and the interface of such technologies with those referred to in paragraph 1, well

as of the respective equipment.

9-Equipment for the European electronic toll service shall comply with the

requirements of the provisions of the Decree-Law No. 192/2000 of August 18, which proceeded

the transposition of Directive No 1999 /5/CE, of the European Parliament and of the Council,

of March 9, 1999, concerning radio equipment and equipment

telecommunications terminals and the mutual recognition of their compliance, and

of the provisions of the Decree-Law No. 74/92 of April 29 and in the Portaria No. 767-A/93, of

August 31, which proceeded to the transposition of Directive No 89 /336/CEE of the

Council, of May 3, 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 Union

European, in which electronic toll collection systems are used

or of rates of use of the road infrastructure.

2-The European electronic toll service consists of a set of rules

contractual that allow all operators and / or issuers to provide this service,

through a set of standards and technical requirements and through an

only contract of accession between the customers and the operators and / or issuers that

are covered by this Law.

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3-The contract referred to in the preceding paragraph gives access to the service throughout the network, and may

be subscribed to by an operator or issuer of any part of the network.

4-The European electronic toll service is independent of the decisions taken

by the State as to the collection of tolls to certain types of vehicles, to the

level of charging applied and its purpose, referring exclusively to the mode

of charging for tolls or fees.

5-The European electronic toll service shall allow the conclusion of contracts,

regardless of the place of registration of the vehicle, the nationality of the parties in the

contract and area or the point of the road network in which the toll is due.

6-Work aimed at ensuring the interoperability of electronic systems

of existing toll, carried out in the framework of the European electronic service of

toll, they must ensure the compatibility of the technologies in use with the

referred to in Article 3 (1), as well as the respective equipment.

7-The operators and / or issuers of electronic toll systems, have to

ensuring the European electronic toll service to its customers within the

following deadlines:

a) For all vehicles with a gross weight of more than 3.5 tonnes and for all

the vehicles carrying more than 9 passengers (driver + 8), the deadline

maximum three years after the decisions regarding the definition have been made

of the European electronic toll service;

b) For all other types of vehicles, within the maximum period of five years after

the decisions regarding the definition of the electronic service have been made

European toll road.

8-The system should allow for the development of intermodality without such cause

damage 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 amended for technical reasons, by means of

procedures laid down in Articles 5, 7 and 8 of Decision No 1999 /468/CE, of the

Council of the European Union of June 28, 1999.

2-The European electronic toll service is based on technological solutions

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referred to in Article 3 of this Law and other specifications accessible to the public.

Article 6.

Processing of personal data

The personal data necessary for the operation of the European electronic service of

toll are dealt with in accordance with national and European standards of protection of

freedoms and fundamental rights, including with regard to your privacy.

Article 7.

Standards for electronic toll systems

1-The relevant standards bodies in the field of standards and

technical regulations, as well as the European Standardization Committee, shall

to develop the necessary efforts for the adoption of the standards applicable to the

electronic toll systems, in relation to the technologies referred to in paragraph 1 of the

article 3, pursuant to the procedure set up by the Decree-Law No. 58/2000, of

April 18.

2-A remaining regulations concerning the European electronic toll service,

including the regulation of the necessary equipment to the systems referred to in the

present law, is carried out on the basis of the scheme to be drawn up by the European Commission and

by the Electronic Reporting Committee.

Article 8.

Entry into force

This Law shall come into force 30 days after its publication.

Seen and approved in Council of Ministers of May 18, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Elements required to define and carry out the European electronic service of

toll

The elements listed below are essential for the definition and realization of the

European electronic toll service.

These elements are subdivided into technical, procedural and legal issues.

1-Technical issues:

a) 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 fixation of the equipment to

board of the vehicles, processing of the transactions on tolls or in

continuous charging, data retrieval procedures on the

transactions in the event of failure or dysfunction of equipment, systems of

control, invoicing and collection of the amounts due, after-sales service,

assistance to customers, definition of the level of services provided to customers;

b) Functional specifications of the service: description of the functions of equipment

to be installed on the vehicles and equipment of land;

c) Technical specifications of ground equipment and equipment to

install in the vehicles on which the service is based: standards, procedures of

certification and limitations to be complied with;

d) Launching and monitoring of the work in which the

relevant standardization bodies and possible technical complements to the

standards or pre-standards used that allow to ensure interoperability;

e) Specifications for the installation of the equipment within the vehicles;

f) Transaction models: precise definition of the transaction algorithms for

each type of toll (toll at a fixed point or continuous charging),

definition of the data communicated among the equipment installed in the

vehicles and ground equipment, as well as the respective formats;

g) Provisions relating to the installation of board equipment that meet the

needs of all interested users.

2-procedural issues:

a) Procedures for verification of the technical performance of the equipment on board

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of vehicles and on road networks, as well as the way in which the equipment

is found installed in the vehicles;

b) Parameters of classification of vehicles: validation of a European list of

technical parameters from which each Member State selects those which

wishes to use for your charging policy. The parameters must

represent the physical, motor and environmental characteristics of vehicles. The

establishment of vehicle classes on the basis of these parameters will be from the

competence of the Member States of the European Union;

c) Application of procedures that ensure the handling of cases

private individuals, such as the whole genus of anomalies. This point refers, in

special, to cases in which the road toll operator and the customer

are from different countries.

3-Legal issues:

a) Validation of the technical solutions adopted in relation to regulation

european in the protection of freedoms and personal rights

fundamental, including as far as your private life is concerned. Will be

necessary to ensure, in particular, compliance with the provisions of the Directives

n. 95 /46/CE and paragraph 2002 /58/CE, transposed to the internal legal order,

respectively, by the Laws No. 67/98 of October 26 and No. 41/2004, of 18

of August;

b) Definition of common rules and non-discriminatory minimum requirements that

should be respected by providers of the service to be able to

perform these functions;

c) Assessment of the possibility of harmonisation of the relative implementation standards

to electronic road tolls;

d) Memorandum of agreement between operators and / or issuers of systems

Toll electronic which allows the European electronic service of

toll is implemented, including the definition of procedures for the

resolution of disputes.