Vehicles Regulations, 2024

L.N. 338 of 2024

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Application of Tolls and User Charges to

Vehicles Regulations, 2024

IN EXERCISE of the powers conferred by article 43 of the

Authority for Transport in Malta Act, the Minister responsible for

transport, after consultation with the Authority for Transport in Malta,

has made the following regulations:-

(1) The title of these regulations is the Application of

Tolls and User Charges to Vehicles Regulations, 2024.

(2) The scope of these regulations is to transpose the

provisions of Directive 1999/62/EC of the European Parliament and of

the Council of 17 June 1999 on the charging of vehicles for the use of

infrastructures.

EMISSION LIMITS

‘EURO 0’ vehicle

1. Mass of carbon monoxide (CO)

Mass of hydrocarbons (HC)

Mass of nitrogen oxides (NOx)

g/kWh

g/kWh

g/kWh

12,3

2,6

15,8

2. ‘EURO I’/‘EURO II’ vehicles

Mass of carbon

Mass of

Mass of nitrogen oxides

Mass of

monoxide (CO)

hydrocarbons (HC)

(NOx)

particulates (PT)

g/kWh

g/kWh

g/kWh

g/kWh

0,4 (1)

‘EURO I’ vehicle

4,9

1,23

9,0

‘EURO II’ vehicle

4,0

1,1

7,0

0,15

(1) A coefficient of 1,7 is applied to the particulate emission limit value in the case of engines with a power rating of 85

kW or less.

3. ‘EURO III’/‘EURO IV’/‘EURO V’/‘EEV’ vehicles

The specific masses of carbon monoxide, total hydrocarbons, n i t r o g e n oxides and particulates, determined by the ESC

test and the exhaust gas opacity, determined by the ELR test, must not exceed the following values (1)

Mass of

Mass of

Mass of

Mass of

Exhaust

Mass of

carbon

hydro

Nitrogen

particulates

gas

carbon

monoxides

carbons (HC)

oxides (NOx)

(PT)

monoxides

m-1

(CO)

g/kWh

g/kWh

(CO)

g/kWh

g/kWh

g/kWh

0,10 (2)

‘EURO III’ vehicle

2,1

0,66

5,0

0,8

2,1

‘EURO IV’ vehicle

1,5

0,46

3,5

0,02

0,5

1,5

‘EURO V’ vehicle

1,5

0,46

2,0

0,02

0,5

1,5

‘EEV’ vehicle

1,5

0,25

2,0

0,02

0,15

1,5

A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine

(1)

must respect in steady state (ESC test) or transient operating conditions (ETC and ELR tests).

0,13 for engines whose unit cylinder capacity is less that 0,7 dm3 and the nominal speed is in excess of 3000 min-1.

(2)

Euro VI Emission Limits

Limit values

NOX (1)

CO

THC

NMHC

CH4

NH3

Massa ta’

Numru

(mg/kWh)

(mg/kWh)

(mg/kWh)

(mg/kWh)

(mg/kWh)

(ppm)

PM

PM

(mg/kWh)

(#/kWh)

8,0 x 10 11

WHSC (CI)

1 500

6,0 x 10 11

WHTC (CI)

4 000

Limit values

NOX (1)

CO

THC

NMHC

CH4

NH3

Massa ta’

Numru

PM

(mg/kWh)

(mg/kWh)

(mg/kWh)

(mg/kWh)

(mg/kWh)

(ppm)

PM

(mg/kWh)

(#/kWh)

6,0 x 10 11

WHTC (PI)

4 000

Note

PI = Positive Ignition.

CI = Compression Ignition.

(1)

The admissible level of NO2 component in the NOx limit value may be defined at a later stage.

4. Future emission classes of vehicles as defined in Directive 88/77/EEC and subsequent amendments may be considered

In these regulations, unless the context otherwise requires

"Act" means the Authority for Transport in Malta Act;

"Authority" means the Authority for Transport in Malta

established in accordance with the Act;

"coach" and "bus", for the purpose of these regulations,

mean a heavy-duty vehicle intended for the carriage of more than

eight (8) passengers, in addition to the driver;

"Commission" means the European Commission;

"Commission Regulation (EU) 2017/2400" means

Commission Regulation (EU) 2017/2400 of 12 December 2017

implementing Regulation (EC) No 595/2009 of the European

Parliament and of the Council as regards the determination of the

CO 2 emissions and fuel consumption of heavy-duty vehicles and

amending Directive 2007/46/EC of the European Parliament and

of the Council and Commission Regulation (EU) No 582/2011;

"concession contract" shall have the same meaning as

assigned to the definition "concessions" in the Concession

Contracts Regulations;

"concession toll" means a toll levied by a concessionaire

under a concession contract;

"congestion" means a situation where traffic volumes

approach or exceed road capacity;

"congestion charge" means a charge which is levied on

vehicles for the purpose of recovering the congestion costs

incurred in Malta and of reducing congestion;

"construction costs" means the costs related to

construction, including, where appropriate, the financing costs,

of new infrastructure or new infrastructure improvements,

including significant structural repairs

Provided that the proportion of the construction costs

to be taken into account shall not exceed the proportion of the

current design lifetime period of infrastructure components still

to run on 10 June 2008 or on the date when the new tolling

arrangements are introduced, where this is a later date

Provided further that costs of infrastructure or

infrastructure improvements may include any specific

expenditure on infrastructure designed to reduce nuisance related

to noise, to introduce innovative technologies or to improve road

safety and actual payments made by the infrastructure operator

corresponding to objective environmental elements such as

protection against soil contamination;

"core trans-European transport network" means the

transport infrastructure identified in accordance with Chapter III

of Regulation (EU) No 1315/2013;

"cost of traffic-based air pollution" means the cost of the

harm to human health and of the environmental damage caused

by the release of particulate matter and of ozone precursors, such

as NOx and volatile organic compounds, in the course of the

operation of a vehicle;

"cost of traffic-based CO 2 emissions" means the cost of the

damage caused by the release of CO 2 in the course of the

operation of a vehicle;

"cost of traffic-based noise pollution" means the cost of the

harm to human health and of the environmental damage caused

by the noise emitted by the vehicles or created by their

interaction with the road surface;

"CO 2 emissions" means the specific CO 2 emissions of a

heavy-duty vehicle provided in point 2.3 of the Customer

Information File as defined in Part II of Annex IV to

Commission Regulation (EU) 2017/2400;

"Directive 1999/62/EC" means Directive 1999/62/EC of

the European Parliament and of the Council of 17th June, 1999

on the charging of vehicles for use of road infrastructures as

amended by Directive 2006/38/EC of 17 May 2006, by Council

Directive 2006/103/EC of 20 November 2006 and by Directive

(EU) 2022/362 of 24 February 2022;

"Directive 2014/45/EU" means Directive 2014/45/EU of

the European Parliament and of the Council of 3 April 2014 on

periodic roadworthiness tests for motor vehicles and trailers and

repealing Directive 2009/40/EC;

"emission reduction trajectory" means, for the reporting

period of a year (Y) and vehicle sub-group (sg), namely ET Y,sg,

the product of the annual CO 2 emissions reduction factor (R-

ET Y ) times the reference CO 2 emissions (rCO 2sg ) of the sub-

group (sg), namely ET Y,sg = R-ET Y x rCO 2sg for years Y ≤ 2030,

R-ET Y and rCO 2sg are both determined in accordance with point

CORE PRINCIPLES FOR THE ALLOCATION OF COSTS AND CALCULATION OF TOLLS

This Schedule stipulates the core principles for the calculation of weighted average infrastructure charge to reflect Regulation

5(1). The obligation to relate infra- structure charges to costs shall be without prejudice to the freedom of Member States to

choose, in accordance with Regulation 5(2), not to recover the costs in full through infrastructure charges revenue, or to the

freedom, in accordance with Regulation 5(5) to (8), to vary the amounts of specific infrastructure charges away from the

average.

The application of these principles shall be fully consistent with other existing obligations under Union law, in particular the

requirement for concession contracts to be awarded in accordance with Directive 2004/18/EC and other Union instruments in

the field of public procurement.

Where the Competent Authority engages in negotiations with one or more third parties with a view to establishing a

concession contract regarding the construction or operation of a part of its infrastructure, or in view of this purpose engages

in a similar arrangement based on national legislation or an agreement entered into by the government of a Member State,

compliance with these principles shall be judged on the basis of the outcome of these negotiations.

1. Definition of the network and of vehicles covered

— Where a single tolling regime is not to be applied to the whole TEN road network, the Competent Authority shall precisely

specify the part or parts of the network which are to be subject to a tolling regime as well as the system its uses to classify

vehicles for the purposes of toll variation. The Competent Authority shall also specify whether it is extending the scope of

their tolling regime to cover vehicles below the 12-tonne threshold.

— Where the Competent Authority chooses to adopt different policies regarding cost recovery for different parts of the network (as

permitted under Regulation 5(2)), each clearly defined part of the network shall be subject to a separate calculation of costs. The

Competent Authority may choose to split the network up into a number of clearly defined parts so as to establish separate

concession arrangements or similar for each part.

2. Infrastructure costs

2.1. Investment costs

— Investment costs shall include the costs of construction (including financing costs) and the costs of developing the infrastructure

plus, where appropriate, a return on the capital investment or profit margin. Costs of land acquisition, planning, design,

supervision of construction contracts and project management, and of archaeological and ground investigations, as well as

other relevant incidental costs, shall also be included.

— The recovery of construction costs shall be based on either the design lifetime of the infrastructure or such other amortisation

period (not being less than 20 years) as may be considered appropriate for reasons of financing through a concession contract

or otherwise. The length of the amortisation period may be a key variable in negotiations regarding the establishment of

concession contracts, particularly if the Competent Authority wishes, as part of the contract, to set a ceiling regarding the

weighted average toll applicable.

— Without prejudice to the calculation of investment costs, the recovery of costs may

— be apportioned evenly over the amortisation period or weighted to the early, middle or later years, provided that such weighting

is carried out in a transparent manner,

— provide for indexation of tolls over the amortisation period.

— All historic costs shall be based on the amounts paid. Costs which are still to be incurred will be based on reasonable cost

forecasts.

— Government investment may be assumed to be financed borrowings. The rate of interest to be applied to historical costs shall

be the rates that applied to government borrowings over that period.

— Costs shall be apportioned to heavy-duty vehicles on an objective and transparent basis taking account of the proportion of

heavy-duty vehicle traffic to be carried on the network and the associated costs. The vehicle kilometres travelled by heavy-

duty vehicles may for this purpose be adjusted by objectively justified "equivalence factors" such as those set out in point 4 1 .

— Provision for estimated return on capital or profit margin shall be reasonable in the light of market conditions and may be

varied for the purpose of providing performance incentives for a contracted third party with regard to quality-of-service

requirements. Return on capital may be evaluated using economic indicators such as IRR (internal rate of return

on investment) or WACC (weighted average cost of capital).

2.2. Annual maintenance costs and structural repair costs

The application of equivalence factors by Member States may take account of road construction developed on a phased basis

or using a long-life cycle approach.

— These costs shall include both the annual costs of maintaining the network and the periodic costs relating to repair, reinforcement,

and resurfacing, with a view to ensuring that the level of operational functionality of the network is maintained over time.

— Such costs shall be apportioned between heavy-duty vehicles and other traffic on the basis of actual and forecast shares of

vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4.

3. Operating, management, and tolling costs

These costs shall include all costs incurred by the infrastructure operator which are not covered under Section 2 and which

relate to the implementation, operation and management of the infrastructure and of the tolling system. They shall include in

particular

— the costs of constructing, establishing and maintaining toll booths and other payment systems,

— the day- t o - d a y costs of operating, administering and enforcing the toll collection system,

— administrative fees and charges relating to concession contracts,

— management, administrative and service costs relating to the operation of the infrastructure.

The costs may include a return on capital or profit margin reflecting the degree of risk transferred.

Such costs shall be apportioned on a fair and transparent basis between all vehicle classes that are subject to the tolling

system.

Share of heavy-duty vehicle traffic, equivalence factors and correction mechanism

4. — The calculation of tolls shall be based on actual or forecast shares of heavy-duty vehicle kilometres adjusted, if desired, by

equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use by

heavy-duty vehicles.

— The following table gives a set of indicative equivalence factors. Where the Competent Authority uses equivalence factors with

ratios differing from those in the table, they shall be based on objectively justifiable criteria and shall be made public.

Vehicle class (1)

Equivalence factors

Structural repair (2)

Investments

Annual maintenance

Between 3,5 t and 7,5 t, Class 0

> 7,5 t, Class I

1,96

> 7,5 t, Class II

3,47

> 7,5 t, Class III

5,72

(1) See Annex IV for the determination o f

the vehicle class.

(2) The vehicle classes correspond to axle weights of 5,5, 6,5, 7,5 and 8,5 tonnes respectively.

— Tolling regimes which are based on forecast traffic levels shall provide for a correction mechanism whereby tolls are adjusted

periodically to correct any under or over-recovery of costs due to forecasting error

(1) L-Awtorità għandha tkun l-entità li għandha tkun

inkarigata bl-introduzzjoni u l-manutenzjoni ta’ pedaġġi u tariffi għall-

utenti fuq in-network trans-Ewropew tat-toroq ta’ Malta jew fuq ċerti

sezzjonijiet ta' dak in-network, u fuq kwalunkwe partijiet oħra

addizzjonali tan-network ta’ awtostradi ta’ Malta li ma humiex parti

min-network trans-Ewropew tat-toroq fil-każ li Malta tiddeċiedi li

tintroduċi pedaġġi u, jew tariffi għall-utenti f’Malta skont il-

kondizzjonijiet stabbiliti fis-subregolamenti (4) sa (11) u fir-

regolamenti 4 sa 12.

(2) Fil-każ tal-introduzzjoni ta' pedaġġi u, jew tariffi għall-

utent fuq in-network tat-toroq ta’ Malta, tali pedaġġi u tariffi għall-

utent għandhom jiġu applikati f'konformità mad-Direttiva 1999/62/KE

u t-TFUE, u b'mod li ma jiddiskriminax kontra t-traffiku

internazzjonali, u li ma jirriżultax fi tfixkil tal-kompetizzjoni bejn l-

operaturi. Pedaġġi u tariffi għall-utent applikati għal toroq minbarra

toroq tan-network trans-Ewropew u minbarra l-awtostradi, għandhom

jikkonformaw mal-kondizzjonijiet stabbiliti fis-subregolamenti (4) u

(5), fir-regolament 4, u fir-regolament 12(1) sa (4) u (10).

(3) F’tali każ, pedaġġi u tariffi għall-utent għal kategoriji

differenti ta' vetturi, bħal vetturi tqal, vetturi tqal tal-merkanzija,

kowċis u xarabanks, vetturi ħfief, vetturi kummerċjali ħfief, minibuses

u karozzi tal-passiġġieri, jistgħu jiġu introdotti jew miżmuma

indipendentement minn xulxin

Iżda jekk tali tariffa tiġi introdotta fuq karozzi tal-

passiġġieri, din għandha tapplika wkoll għal vetturi kummerċjali ħfief.

(4) Fil-każ tal-introduzzjoni ta’ pedaġġi u tariffi għall-utent fuq

in-network tat-toroq f'Malta, l-ebda kategorija ta’ vetturi ma tista’ tiġi

mitluba tħallas kemm pedaġġi kif ukoll tariffi għall-utent għall-użu ta’

sezzjoni waħda tat-triq

Iżda jekk tiġi introdotta sistema ta’ tariffa għall-utent għall-

użu tan-network tat-toroq, jista' jiġi applikat ukoll pedaġġ separat

għall-użu ta' pontijiet u mini fejn tkun issodisfata waħda jew iż-żewġ

kondizzjonijiet li ġejjin

(a) l-applikazzjoni tar-regolament 6(7), tar-regolament

9(1) sa (6), u tar-regolament 10(8) u (9) ma jkunux teknikament

prattikabbli għall-introduzzjoni ta’ tali differenzjazzjoni fis-

sistema ta' pedaġġ kkonċernata; u, jew

(b) l-applikazzjoni tar-regolament 6(7), tar-regolament

9(1) sa (6), u tar-regolament 10(8) u (9) twassal għad-

devjazzjoni tal-vetturi li jniġġsu l-aktar, b'impatti negattivi fuq

is-sikurezza fit-toroq u s-saħħa pubblika

Iżda wkoll fil-każ li l-Awtorità tiddeċiedi li ma tapplikax

id-dispożizzjonijiet imsemmija fil-paragrafu (b) tal-ewwel proviso,

għandha tkun obbligata li tinnotifika lill-Kummissjoni bid-deċiżjoni

tagħha.

(5) Fil-każ li l-Awtorità tagħżel li tintroduċi u żżomm pedaġġi

u tariffi għall-utent fuq in-network tat-toroq f'Malta, hija għandha tkun

obbligata li tiżgura li l-pedaġġi u t-tariffi għall-utent hekk introdotti,

ma jiddiskriminawx kemm jekk direttament jew indirettament, abbażi

ta’

(a)

in-nazzjonalità tal-utent tat-triq;

(b) l-Istat Membru jew il-pajjiż terz ta' stabbiliment tal-

operatur tat-trasport;

(ċ) l-Istat Membru jew il-pajjiż terz tar-reġistrazzjoni tal-

vettura; jew

(d)

l-oriġini jew id-destinazzjoni tal-operazzjoni tat-

trasport.

(6) Fir-rigward ta’ ċerti sezzjonijiet tat-toroq, jistgħu jiġu

applikati jew esklużi kompletament pedaġġi jew tariffi għall-utent

mnaqqsa, b'mod partikolari fejn l-intensità tat-traffiku tkun baxxa

f'żoni b'popolazzjoni b’densità baxxa.

(7) L-Awtorità tista’ tapplika rati mnaqqsa ta’ pedaġġi u tariffi

għall-utent, jew eżenzjonijiet mill-obbligu li jitħallsu pedaġġu u tariffi

għall-utent għal

(a) vetturi tqal eżentati mir-rekwiżit li jinstallaw u jużaw

tagħmir ta’ reġistrazzjoni skont ir-Regolament (UE) Nru 165/

2014 tal-Parlament Ewropew u tal-Kunsill tal-4 ta’ Frar 2014

dwar takografi fit-trasport bit-triq, li jħassar ir-Regolament tal-

Kunsill (KEE) Nru 3821/85 dwar apparat ta' reġistrazzjoni għat-

trasport bit-triq u li jemenda r-Regolament (KE) Nru 561/2006

tal-Parlament Ewropew u tal-Kunsill dwar l-armonizzazzjoni ta'

ċerta leġiżlazzjoni soċjali li għandha x'taqsam mat-trasport bit-

triq;

(b) vetturi tqal tal-merkanzija li għandhom massa

massima mgħobbija teknikament permissibbli li teċċedi t-tlieta

punt ħamsa (3.5) tunnellati u inqas minn sebgħa punt ħamsa

(7.5) tunnellati wżati għall-ġarr ta’ materjali, tagħmir jew

makkinarju għall-użu tas-sewwieq matul ix-xogħol tas-sewwieq,

jew għall-kunsinna ta’ merkanzija li tiġi prodotta fuq bażi

artiġjanali, fejn it-trasport ma jsirx b’kiri jew b’kumpens;

(ċ) kwalunkwe vettura eżentata, jew kwalunkwe vettura

wżata jew li tkun proprjetà ta’ persuni b’diżabilità; u

(d) vetturi b’emissjonijiet żero b’massa massima

mgħobbija teknikament permissibbli sa erbgħa punt tnejn ħamsa

(4.25) tunnellati.

(8) B’effet mill-25 ta’ Marzu 2030, l-Awtorità ma għandhiex

tapplika tariffi għall-utenti għal vetturi tqal fuq in-network trans-

Ewropew tat-trasport ewlieni.

(9) Bla ħsara għas-subregolament (9), l-Awtorità tista' tapplika

tariffi għall-utenti għal vetturi tqal fuq sezzjonijiet tan-network trans-

Ewropew tat-trasport ewlieni iżda unikament f’każijiet debitament

ġustifikati meta l-applikazzjoni ta’ pedaġġ tkun

(a) tinvolvi spejjeż amministrattivi, ta’ investiment u

operatorji sproporzjonati meta mqabbla mad-dħul jew benefiċċji

mistennija li tali pedaġġ ikun jiġġenera, pereżempju minħabba t-

tul limitat tas-sezzjonijiet tat-toroq ikkonċernati jew id-densità

tal-popolazzjoni relattivament baxxa jew it-traffiku relattivament

baxx; jew

(b) twassal għad-devjazzjoni tat-traffiku b’impatti

negattivi fuq is-sikurezza fit-toroq jew fuq is-saħħa pubblika

Iżda qabel ma tapplika tali tariffi għall-utent, l-Awtorità

għandha tavża lill-Kummissjoni bl-intenzjoni tagħha li tagħmel dan.

Dik in-notifika għandha tinkludi r-raġunijiet li jiġġustifikaw, fid-dawl

tas-subregolament (9), l-applikazzjoni tat-tariffa għall-utent abbażi ta'

kriterji oġġettivi u informazzjoni ċara dwar il-vetturi u t-taqsimiet tat-

toroq koperti mit-tariffa għall-utent

Iżda wkoll l-Awtorità tista' tippreżenta avviż wieħed (1)

għal aktar sezzjonijiet tat-toroq koperti mill-eżenzjonijiet, dment li l-

ġustifikazzjoni tkun inkluża għal kull sezzjoni.

(10) Fil-każ li l-Awtorità tagħżel li tintroduċi u żżomm pedaġġi

u tariffi għall-utenti fuq in-network tat-toroq f’Malta qabel il-25 ta’

Marzu 2027, sa dik id-data, fir-rigward ta’ vetturi tqal tal-merkanzija,

tista’ tapplika pedaġġi jew tariffi għall-utent fil-każ biss ta’ vetturi tqal

tal-merkanzija b’massa massima mgħobbija teknikament permissibbli

ta’ mhux inqas minn tnax (12)-il tunnellata fejn tqis li l-impożizzjoni

ta’ pedaġġi jew tariffi għall-utent għall-vetturi tqal tal-merkanzija ta’

inqas minn tnax-il (12) tunnellata tkun

(a) toħloq effetti negattivi sinifikanti fuq iċ-ċirkolazzjoni

libera tat-traffiku, l-ambjent, il-livelli ta’ storbju, il-konġestjoni,

is-saħħa jew is-sikurezza fit-toroq minħabba d-devjazzjoni tat-

traffiku;

(b) tinvolvi spejjeż amministrattivi ta’ aktar minn

ħmistax fil-mija (15%) tad-dħul addizzjonali li jirriżultaw minn

dik l-estensjoni; jew

(ċ) tikkonċerna kategorija ta’ vetturi li ma tikkawżax

aktar minn għaxra fil-mija (10%) tal-ispejjeż infrastrutturali li

jista’ jintalab ħlas għalihom

Iżda jekk Malta tagħżel li tapplika pedaġġi jew tariffi għall-

utent jew it-tnejn li huma fil-każ biss ta’ vetturi tqal tal-merkanzija

b’massa massima mgħobbija teknikament permissibbli ta' mhux inqas

minn tnax (12)-il tunnellata, hija għandha tinforma lill-Kummissjoni

bid-deċiżjoni tagħha flimkien mar-raġunijiet li tkun ibbażata fuqhom.

(11) Fil-każ li jiġu applikati pedaġġi għall-vetturi tqal kollha, l-

Awtorità tista’ tagħżel li tirkupra perċentwali differenti tal-ispejjeż

mill-kowċis, ix-xarabanks u karavans bil-mutur, minn naħa, u mill-

vetturi tqal tal-merkanzija, min-naħa l-oħra.

MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL -COST CHARGE

This Schedule sets out the minimum requirements for levying an external-cost charge and, where applicable, for

calculating the maximum external-cost charge.

1. The parts of the road network concerned

The Competent Authority shall specify precisely the part or parts of their road network which are to be subject to an external-

cost charge.

Where the Competent Authority intends to levy an external-cost charge on only a part or parts of the road network in the

trans- European road network and of motorways, the part or parts shall be chosen after an assessment establishing that

the imposition of an external- cost charge on other parts of the road network thus composed might have adverse effects on the

environment, public health or road safety.

From 25 March 2026, if the Competent Authority intends not to levy an external- cost charge for air pollution on specific

sections of the tolled road network, shall also choose those specific sections on the basis of such an assessment.

2. The vehicles, roads and time period covered

Where the Competent Authority intends to apply higher external-cost charges than the reference values specified in the

Fourth Schedule or the Fifth Schedule, it shall notify the Commission of the classification of vehicles according to which

the external-cost charge shall vary. Where applicable, it shall notify the Commission of the location of roads subject to higher

external-cost charges (‘suburban roads (including motorways)’), and of roads subject to lower external-cost charges (‘interurban

roads (including motorways)’).

Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period during which

a higher external noise-cost charge may be imposed to reflect greater noise nuisances.

The classification of roads as suburban roads (including motorways) and interurban roads (including motorways), and the

definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities

to pollution, such as: population density, the annual mean air pollution (in particular for PM10 and NO2) and the number of

days (for PM10) and hours (NO2) on which limit values estab- lished under Directive 2008/50/EC are exceeded. The criteria

used shall be included in the notification.

3. Amount of the charge

This section shall apply where the Competent Authority intends to apply higher external-cost charges than the reference values

specified in the Fourth Schedule or Fifth Schedule

For each vehicle class, type of road and time period, as applicable, the Competent Authority shall determine a single specific

amount. The resulting charging structure shall be transparent, made public and available to all users on equal terms. The

publication should occur in a timely manner before implementation. All parameters, data and other information necessary to

understand how the various external-cost elements are calculated shall be made public.

When setting the charges, the Competent Authority shall be guided by the principle of efficient pricing that is a price close

to the social marginal cost of the usage of the vehicle charged.

The charge shall be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the

environment and congestion, and any solutions to mitigate these risks.

The Competent Authority, shall monitor the effectiveness of the charging scheme in reducing environmental damage arising

from road transport. Every two years, it shall adjust, where appropriate, the charging structure and the specific amount of the

charge set for a given class of vehicle, type of road and period of time to the changes in transport supply and demand.

4. External-cost elements

4.1. Cost of traffic-based air pollution

Where the Competent Authority intends to apply higher external-cost charges than the reference values specified in the Fourth

Schedule, the authority shall calculate the chargeable cost of traffic-based air pollution by applying the following formula

where

— PCVij = air pollution cost of vehicle class i on road type j (euro/vechicle.kilometre)

— EFik = emission factor of pollutant k and vehicle class i (gram/ve-hicle.kilometre)

— PCjk = monetary cost of pollutant k for type of road j (euro/gram)

The emission factors shall be the same as those used by the responsible Authority to establish the national emissions inventories

provided for in Directive (EU) 2016/2284 of the European Parliament and of the Council 2 (which requires use of the EMEP/EEA

air pollutant emission inventory guidebook 3 ). The monetary cost of pollutants shall be estimated by the responsible authority,

using scientifically proven methods.

The responsible authority in Malta may apply scientifically proven alternative methods to calculate the value of air pollution

costs using data from air pollutant measurement and the local value of the monetary cost of air pollutants

4.2. Cost of traffic-based noise pollution

Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 the reduction of national

emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344,

(1) Fil-każ li jiġu introdotti tariffi għall-utent, dawn Il-tariffi għall-

għandhom ikunu proporzjonati għat-tul tal-użu li jsir mill- utent

ikunu

infrastruttura.

proporzjonati

għat-tul tal-użu

tal-

(2) Jekk jiġu applikati tariffi għall-utent fir-rigward ta' vetturi infrastruttura.

twal, l-użu tal-infrastruttura għandu jkun disponibbli għal tal-anqas

għall-perjodi li ġejjin: ġurnata, ġimgħa, xahar, u sena.

(3) F'dak il-każ, ir-rata għal xahar ma għandhiex taqbeż l-

għaxra fil-mija (10%) tar-rata annwali, ir-rata għal ġimgħa ma

għandhiex teċċedi il-ħamsa fil-mija (5%) tar-rata annwali u r-rata għal

ġurnata ma għandhiex teċċedi it-tnejn fil-mija (2%) tar-rata annwali.

(4) Jekk jiġu introdotti tariffi għall-utent, l-Awtorità tista'

tiddeċiedi li għall-vetturi rreġistrati f'Malta japplikaw biss ir-rati

annwali.

(5) Tariffi għall-utent, inkluż l-ispejjeż amministrattivi għall-

vetturi tqal kollha, għandhom jiġu stabbiliti f'livell li ma jeċċedix ir-

rati massimi elenkati fit-Tieni Skeda.

(6) Jekk jiġu applikati tariffi għall-utent fir-rigward ta’ karozzi

tal-passiġġieri, l-użu tal-infrastruttura għandu jkun disponibbli għal

tal-anqas għall-perjodi li ġejjin: ġurnata (1), ġimgħa (1) jew għaxart

(10) ijiem jew it-tnejn, xahar (1) jew xahrejn (2) jew it-tnejn, u sena

(1).

(7) F’dak il-każ, ir-rata ta’ xahrejn (2) ma għandhiex teċċedi t-

tletin fil-mija (30%) tar-rata annwali, ir-rata ta’ xahar ma għandhiex

teċċedi d-dsatax fil-mija (19%) tar-rata annwali, ir-rata ta’ għaxart (10)

ijiem ma għandhiex teċċedi t-tnax fil-mija (12%) tar-rata annwali, ir-

rata ta’ ġimgħa ma għandhiex teċċedi l-ħdax fil-mija (11%) tar-rata

annwali u r-rata ta' ġurnata ma għandhiex teċċedi d-disgħa fil-mija

(9%) tar-rata annwali.

(8) L-Awtorità għandu jkollha d-dritt li tillimita t-tariffa għall-

utent ta’ ġurnata għal finijiet ta’ tranżitu biss.

(9) L-Awtorità tista' wkoll tagħmel l-użu tal-infrastruttura

disponibbli għal perjodi oħra ta' żmien. F'dak il-każ, għandha tapplika

rati skont il-prinċipju ta' trattament ugwali bejn l-utenti, filwaqt li tqis

il-fatturi rilevanti kollha, b'mod partikolari r-rata annwali u r-rati

applikati għall-perjodi l-oħra msemmija fis-subregolament (7), ix-

xejriet eżistenti tal-użu u l-ispejjeż amministrattivi.

(10) Għall-minibuses u vetturi kummerċjali ħfief, l-Awtorità

għandha tapplika l-istess dispożizzjonijiet kif stabbiliti fis-

subregolamenti (2) u (3). Jekk tiġi stabbilita tariffa għall-utent

differenti għal vetturi kummerċjali ħfief milli għall-karozzi tal-

passiġġieri, għandhom jiġu stabbiliti rati ogħla ta' tariffi għall-utent

għal vetturi kummerċjali milli għall-karozzi tal-passiġġieri.

REFERENCE VALUES OF THE EXTERNAL-COST CHARGE

This Schedule sets out reference values of the external-cost charge, including the cost of air pollution and noise.

Table 1

Reference values of the external-cost charge for heavy goods vehicles

Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and

management of environmental noise (OJ L 189, 18.7.2002, p. 12).

Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of

motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive

70/157/EEC (OJ L 158, 27.5.2014, p. 131)

Suburban (1)

Interurban (2)

Vehicle class

cent/vehicle-kilometre

Heavy goods vehicle having a

Euro 0

18,6

9,9

technically permissible maximum

Euro I

12,6

6,4

laden mass of less than 12 tonnes

Euro II

12,5

6,3

or having two axles

Euro III

9,6

4,8

Euro IV

7,3

3,4

Euro V

4,4

1,8

Euro VI

2,3

0,5

Less polluting than Euro VI, including

2,0

0,3

zero-emission vehicles

Heavy goods vehicle having a

Euro 0

24,6

13,7

technically permissible maximum

Euro I

15,8

8,4

laden mass between 12 and 18

Euro II

15,8

8,4

tonnes or having three axles

Euro III

12,5

6,6

Euro IV

9,2

4,5

EURO V

5,6

2,7

Euro VI

2,8

0,7

Less polluting than Euro VI, including

2,3

0,3

zero-emission vehicles

Heavy goods vehicle having a

Euro 0

27,8

15,8

technically permissible maximum

Euro I

20,4

11,3

laden mass between 18 and 32

Euro II

20,4

11,2

tonnes or having four axles

Euro III

16,3

8,9

Euro IV

11,8

6,0

Euro V

6,6

3,4

Euro VI

3,1

0,8

Less polluting than Euro VI, including

2,5

0,3

zero-emission vehicles

Heavy goods vehicle having a

Euro 0

33,5

19,4

technically permissible maximum

Euro I

25,0

14,1

laden mass above 32 tonnes or

Euro II

24,9

13,9

having 5 or more axles

Euro III

20,1

11,1

Euro IV

14,2

7,5

Euro V

7,6

3,8

Euro VI

3,4

0,8

Less polluting than Euro VI, including

2,8

0,3

zero-emission vehicles

(1) ‘Suburban’ means areas with a population density between 150 and 900 inhabitants/km2 (median population density of

300 inhabitants/km2).

(2) ‘Interurban’ means areas with a population density below150 inhabitants/km2.

The values of Table 1 may be multiplied by a factor of up to 2 in mountain areas and around agglomerations to the extent that

it is justified by lower dispersion, the gradient of roads, altitude, or temperature inversions. If there is scientific evidence

for a higher mountain or agglomeration factor, this reference value can be increased based on a detailed justification

1 of Annex I to Regulation (EU) 2019/1242; for years Y >

2030, R-ET Y is 0,70; rCO 2sg applies as adjusted by delegated

acts adopted in accordance with Article 11(2) of Regulation (EU)

2019/1242 for the reporting periods commencing after the

respective dates of application of those delegated acts;

"external-cost charge" means a charge levied for the

purpose of recovering the costs related to one or more of the

following

(a)

traffic-based air pollution;

(b)

traffic-based noise pollution; or

(c)

traffic-based CO 2 emissions;

"financing costs" means interest on borrowings and return

on any equity funding contributed by shareholders;

"heavy-duty vehicle" means a vehicle with a technically

permissible maximum laden mass exceeding three point five

(3.5) tonnes;

"heavy goods vehicle" means a heavy-duty vehicle

intended for the carriage of goods;

"infrastructure" means all parts of the road network in

Malta;

"infrastructure charge" means a charge levied for the

purpose of recovering the construction, the maintenance, the

operation and the development costs related to infrastructure

incurred in Malta;

"light-duty vehicle" means a vehicle with a technically

permissible maximum laden mass not exceeding three point five

(3.5) tonnes;

"light commercial vehicle" means a light-duty vehicle

intended for the carriage of goods;

"low-emission heavy-duty vehicle" means

(a) a low emission heavy-duty vehicle as defined in

Article 3, point 12 of Regulation (EU) 2019/1242; or

(b) a heavy-duty vehicle not covered by Article

2(1), points (a) to (d), of that Regulation, with CO 2

emissions lower than fifty percent (50%) of the reference

CO 2 emissions of its vehicle group, other than a zero-

emission vehicle;

"minibus" means a light-duty vehicle intended for the

carriage of more than eight (8) passengers in addition to the

driver;

"motor caravan" means a vehicle with living

accommodation space which contains seats and a table, sleeping

accommodation, whether separate or converted from the seating,

cooking facilities and storage facilities

Provided that the Authority may treat a motor caravan

either as a coach or bus, or as a passenger car.

"motorway" means a road specially designed and built for

motor traffic, which does not serve properties bordering on it,

and which meets the following criteria

(a) it is provided, except at special points or

temporarily, with separate carriageways for the two (2)

directions of traffic, separated from each other either by a

dividing strip not intended for traffic or, exceptionally, by

other means;

(b) it does not cross at grade with any road, railway

or tramway track, bicycle path or footpath; and

(c)

it is specifically designated as a motorway;

"passenger car" means a light-duty vehicle intended for the

carriage of not more than eight (8) passengers in addition to the

driver;

"reference CO 2 emissions of a vehicle group" means

(a) for vehicles covered by Regulation (EU) 2019/

1242, the amount calculated in accordance with the formula

in point 3 of Annex I to that Regulation;

(b) for vehicles not covered by Regulation (EU)

2019/1242, the average value of all CO 2 emissions of

vehicles in that vehicle group, reported in accordance with

Regulation (EU) 2018/956 for the first reporting period,

which shall start after the date on which the registration,

sale or entry into service of vehicles in that vehicle group,

that do not comply with the obligations referred to in

Article 9 of Regulation (EU) 2017/2400, is prohibited in

accordance with Article 24 of Regulation (EU) 2017/2400;

"Regulation (EU) No 1315/2013" means Regulation (EU)

No 1315/2013 of the European Parliament and of the Council of

11 December 2013 on Union guidelines for the development of

the trans-European transport network and repealing Decision No

661/2010/EU;

"Regulation (EU) 2018/858" means Regulation (EU) 2018/

858 of the European Parliament and of the Council of 30 May

2018 on the approval and market surveillance of motor vehicles

and their trailers, and of systems, components and separate

technical units intended for such vehicles, amending Regulations

(EC) No 715/2007 and (EC) No 595/2009 and repealing

Directive 2007/46/EC;

"Regulation (EU) 2018/956" means Regulation (EU) 2018/

956 of the European Parliament and of the Council of 28 June

2018 on the monitoring and reporting of CO 2 emissions from

and fuel consumption of new heavy-duty vehicles;

"Regulation (EU) 2019/1242" means Regulation (EU)

2019/1242 of the European Parliament and of the Council of 20

June 2019 setting CO 2 emission performance standards for new

heavy-duty vehicles and amending Regulations (EC) No 595/

2009 and (EU) No 2018/956 of the European Parliament and of

the Council and Council Directive 96/53/EC;

"reporting period of the year Y" means reporting period of

the year Y as defined in Article 3, point 3 of Regulation (EU)

2019/1242;

"significant structural repairs" means structural repairs

excluding those repairs no longer of any current benefit to road

users, in particular where the repair work has been replaced by

further road resurfacing or other construction work;

"substantially amended tolling or charging arrangement"

means a tolling or charging arrangement, where the amendment

of rates is expected to increase revenues in excess of ten percent

(10%) in comparison to the previous accounting year, excluding

the effect of increase in traffic and after correcting for inflation

measured by changes in the EU-wide Harmonised Index of

Consumer Prices (HICP), and excluding energy and unprocessed

food, as published by the Commission (Eurostat);

"TFEU" means the Treaty on the Functioning of the

European Union;

"toll" means a specified amount payable in respect of a

vehicle based on the distance travelled on a given infrastructure

and on the type of the vehicle, the payment of which confers the

right for that vehicle to use the infrastructures, and consisting of

one or more of the following charges

(a)

an infrastructure charge;

(b)

a congestion charge; or

(c)

an external-cost charge;

"trans-European road network" means the road transport

infrastructure referred to in Chapter II, Section 3, of Regulation

(EU) No 1315/2013, as illustrated by maps in Annex I to the said

Regulation;

"transport operator" means any undertaking transporting

goods or passengers by road;

"type of heavy-duty vehicle" means a category into which a

heavy-duty vehicle falls according to the number of its axles, its

dimensions or mass, or other vehicle classification factors

reflecting road damage, such as the road damage classification

system listed in the Sixth Schedule, provided that the

classification system used is based on vehicle characteristics

which appear in the vehicle documentation used in all Member

States or which are visually apparent;

"user charge" means a specified amount payment of which

confers the right for a vehicle to use for a given period the

infrastructures referred to in regulation 3(1) and (2);

"van" means a light-duty vehicle within the meaning of Part

C, point 4.2, of Annex I to Regulation (EU) 2018/858;

"vehicle" means a motor vehicle, with four (4) or more

wheels, or an articulated vehicle combination intended or used

for the carriage by road of passengers or goods;

"vehicle group" means a grouping of vehicles listed in

Table 1 of Annex I to Regulation (EU) 2017/2400;

"vehicle of the "Euro 0", "Euro I", "Euro II", "Euro III",

"Euro IV", "Euro V", "EEV", "Euro VI" emission class" means a

heavy-duty vehicle that complies with the emission limits listed

in the First Schedule;

"vehicle of historical interest" means a vehicle of historical

interest as defined in Article 3, point 7, of Directive 2014/45/EU;

"vehicle sub-group" means vehicle sub-group as defined in

Article 3, point 8, of Regulation (EU) 2019/1242;

"weighted average infrastructure charge" means the total

revenue from an infrastructure charge over a given period

divided by the number of heavy-duty vehicle kilometres

travelled on the road sections subject to that charge during that

period;

"zero-emission vehicle" means

(a) a zero-emission heavy-duty vehicle as defined

in Article 3, point 11, of Regulation (EU) 2019/1242; or

(b) any passenger car, minibus or light commercial

vehicle without an internal combustion engine.

3. (1) The Authority shall be the entity which shall be

charged with the introduction and maintenance of tolls and user

charges on Malta’s trans-European road network or on certain sections

of that network, and on any other additional sections of Malta’s

network of motorways which are not part of the trans-European road

network in the event that Malta decides to introduce tolls and, or user

charges in Malta in accordance with the conditions laid down in sub-

regulations (4) to (11) and in regulations 4 to 12.

(2) In the case of the introduction of tolls and, or user charges

on Malta’s road network, such tolls and user charges shall be applied

in conformity with Directive 1999/62/EC and TFEU, and in a manner

which does not discriminate against international traffic, and which

does not result in the distortion of competition between operators.

Tolls and user charges applied on roads other than roads belonging to

the trans-European road network and other than motorways, shall

comply with the conditions laid down in regulation 4(4) and (5), and in

regulation 12(1) to (4) and (10).

(3) In such case, tolls and user charges for different categories

of vehicles, such as heavy-duty vehicles, heavy goods vehicles,

coaches and buses, light-duty vehicles, light commercial vehicles,

minibuses and passenger cars, may be introduced or maintained

independently from each other

Provided that should such a charge be introduced on

passenger cars, this shall also apply to light commercial vehicles.

(4) In the event of the introduction of tolls and user charges on

the road network in Malta, no category of vehicles may be charged

both tolls and user charges for the use of a single road section

Provided that if a system of user charges is introduced for

the use of the road network, a separate toll may also be applied for the

use of bridges and tunnels where one or both of the following

conditions is met

(a) application of regulation 6(7), regulation 9(1) to (6),

and regulation 10(8) and (9) would not be technically practicable

to introduce such differentiation in the tolling system concerned;

and, or

(b) application of regulation 6(7), regulation 9(1) to (6),

and regulation 10(8) and (9) would lead to diversion of the most

polluting vehicles, with negative impacts on road safety and

public health

Provided further that in the case that the Authority decides

not to apply the provisions referred to in paragraph (b) of the first

proviso, it shall be obliged to notify the Commission of its decision.

(5) In the case that the Authority elects to introduce and

maintain tolls and user charges on the road network in Malta, it shall

be obliged to ensure that the tolls and user charges so introduced, do

not whether directly or indirectly, discriminate on the grounds of

(a)

the nationality of the road user;

(b) the Member State or the

third

country

of

establishment of the transport operator;

(c) the Member State or the third country of registration

of the vehicle; or

(d)

the origin or destination of the transport operation.

(6) With regard to certain road sections, reduced tolls or user

charges may be applied or completely excluded, in particular where

traffic intensity is low in sparsely populated areas.

(7) The Authority may apply reduced tolls or user charges, or

exemptions from the obligation to pay tolls or user charges for

(a) heavy-duty vehicles exempted from the requirement

to install and use recording equipment in accordance with

Regulation (EU) No 165/2014 of the European Parliament and of

the Council of 4 February 2014 on tachographs in road transport,

repealing Council Regulation (EEC) No 3821/85 on recording

equipment in road transport and amending Regulation (EC) No

561/2006 of the European Parliament and of the Council on the

harmonisation of certain social legislation relating to road

transport;

(b) heavy goods vehicles with a technically permissible

maximum laden mass exceeding three point five (3.5) tonnes and

less than seven point five (7.5) tonnes used for carrying

materials, equipment or machinery for the driver’s use in the

course of the driver’s work, or for delivering goods which are

produced on a craft basis, where the transport is not effected for

hire or reward;

(c) any exempted vehicle, or any vehicle used or owned

by persons with disabilities; and

(d) zero-emission vehicles with a technically permissible

maximum laden mass up to four point two five (4.25) tonnes.

(8) With effect from 25 March 2030, the Authority shall not

apply user charges for heavy-duty vehicles on the core trans-European

transport network.

(9) Without prejudice to sub regulation (9), the Authority may

apply user charges for heavy-duty vehicles on sections of the core

trans-European transport network but only in duly justified cases when

applying a toll would

(a) involve disproportionate administrative, investment

and operating costs compared to the expected revenue or

benefits, which such a toll would generate, for example due to

the limited length of the road sections concerned or the relatively

low population density or the relatively low traffic; or

(b) lead to the diversion of traffic with negative impacts

on road safety or on public health

Provided that before applying such user charges, the

Authority shall notify the Commission of its intention to do so. That

notification shall include the reasons justifying, in light of sub-

regulation (9), the application of the user charge based on objective

criteria and clear information on the vehicles and road sections

covered by the user charge

Provided further, that the Authority may submit one (1)

notification for more road sections covered by the exemptions,

provided that the justification is included for each section.

(10) In the case that the Authority chooses to introduce and

maintain tolls and user charges on the road network in Malta prior to

the 25th March 2027, until such date, with regard to heavy goods

vehicles, tolls or user charges may only be applied to heavy goods

vehicles with a technically permissible maximum laden mass of not

less than twelve (12) tonnes where it considers that levying tolls or

user charges to heavy goods vehicles of less than twelve (12) tonnes

would

(a) create significant adverse effects on the free flow of

traffic, the environment, noise levels, congestion, health, or road

safety, due to traffic diversion;

(b) involve administrative costs of more than fifteen

percent (15%) of the additional revenue resulting from that

extension; or

(c) concern a category of vehicles which does not cause

more than ten percent (10%) of the chargeable infrastructure

costs

Provided that if Malta chooses to apply tolls or user charges

or both only to heavy goods vehicles with a technically permissible

maximum laden mass of not less than twelve (12) tonnes, it shall

inform the Commission of its decision together with the reasons upon

which such decision is based.

(11) In the case that tolls are applied to all heavy-duty vehicles,

the Authority may choose to recover different percentages of costs

from coaches, buses and motor caravans, on the one hand, and from

heavy goods vehicles, on the other hand.

4. (1) In the event that user charges are introduced, these

shall be proportionate to the duration of the use made of the

infrastructure.

(2) If user charges are applied in respect of heavy-duty

vehicles, the use of the infrastructure shall be made available for at

least the following periods: a day, a week, a month and a year.

(3) In such case, the monthly rate shall not exceed ten percent

(10%) of the annual rate, the weekly rate shall not exceed five percent

(5%) of the annual rate and the daily rate shall not exceed two (2%) of

the annual rate.

(4) If user charges are introduced, the Authority may decide

that for vehicles registered in Malta only annual rates shall apply.

(5) User charges, including administrative costs, for all heavy-

duty vehicles, shall be set at a level that does not exceed the maximum

rates listed in the Second Schedule.

(6) If user charges are applied in respect of passenger cars, the

use of the infrastructure shall be made available at least for the

following periods: a day (1), a week (1) or ten (10) days or both, a

month (1) or two (2) months or both, and a year.

(7) In such case, the two-monthly rate shall not exceed thirty

percent (30%) of the annual rate, the monthly rate shall not exceed

nineteen percent (19%) of the annual rate, the ten (10) day rate shall

not exceed twelve percent (12%) of the annual rate, the weekly rate

shall not exceed eleven percent (11%) of the annual rate and the daily

rate shall not exceed nine percent (9%) of the annual rate.

(8) The Authority shall have the right to limit the daily user

charge for transit purposes only.

(9) The Authority may also make the use of the infrastructure

available for other periods of time. In such case, it shall apply rates in

accordance with the principle of equal treatment between users, taking

into account all relevant factors, in particular the annual rate and the

rates applied for the other periods referred to in sub-regulation (7),

existing use patterns and administrative costs.

(10) For minibuses and light commercial vehicles, the Authority

shall apply the same provisions as established in sub-regulations (2)

and (3). If a different user charge is set for light commercial vehicles

than for passenger cars, higher user charge rates shall be set for light

commercial vehicles than for passenger cars.

5. (1) In the case that tolls are introduced as an Infrastructure

infrastructure charge, the charge for heavy-duty vehicles shall be based charge.

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 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

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.

REFERENCE VALUES OF THE EXTERNAL-COST CHARGE FOR CO2 EMISSIONS

This Schedule sets out reference values of the external-cost charge taking into account the cost of CO2 emissions.

Table 1

Reference values of the external-cost charge for CO2 emissions for heavy goods vehicles

cent/vehicle-kilometre

Vehicle class

Interurban roads (including

motor-ways)

Heavy goods vehicle having a

CO 2 emission class 1

Euro 0

4,5

technically permissible

Euro I Euro II Euro III Euro

4,0

maximum laden mass of less

IVEuro V Euro VI

than 12 tonnes or having two

CO 2 emission class 2

3,8

axles

CO 2 emission class 3

3,6

Low-emission vehicle

2,0

Zero-emission vehicle

Heavy goods vehicle having

CO 2 emission class 1

Euro 0

6,0

a technically permissible

Euro I Euro II Euro III

5,2

maximum laden mass

Euro IVEuro V Euro VI

5,0

between 12 and 18 tonnes

CO 2 emission class 2

4,8

or having three axles

CO 2 emission class 3

4,5

Low-emission vehicle

2,5

Zero-emission vehicle

Heavy goods vehicle having

CO 2 emission class 1

Euro 0

7,9

technically permissible

Euro I

6,9

maximum laden mass

Euro II

between 18 and 32 tonnes

Euro III

or having four axles

Euro IV

6,7

Euro V

Euro VI

CO 2 emission class 2

6,4

CO 2 emission class 3

6,0

Low-emission vehicle

3,4

Zero-emission vehicle

Heavy goods vehicle having

CO 2 emission class 1

Euro 0

9,1

a technically permissible

Euro I

8,1

maximum laden mass above

Euro II

32 tonnes or having 5 or

Euro III

more axles

Euro IV

8,0

Euro V

Euro VI

CO 2 emission class 2

7,6

CO 2 emission class 3

7,2

Low-emission vehicle

4,0

Zero-emission vehicle

(1) The Authority may introduce an external-cost charge,

related to the cost of traffic-based air pollution, noise pollution, CO 2

emissions or any combination thereof.

(2) If an external-cost charge is applied for heavy-duty

vehicles, the Authority shall vary it and establish it in accordance with

the minimum requirements and the methods referred to in the Second

Schedule and shall respect the reference values set out in the Third

Schedule and the Fourth Schedule.

(3) The amount of the external-cost charge shall be set by the

Authority.

(4) The Authority may apply exemptions which allow external-

cost charges to be adjusted for vehicles of historical interest.

(5) When levying an external-cost charge for air or noise

pollution, the Authority shall take into account the costs relating to the

network or the part of the network on which that charge is levied and

the vehicles that are subject to that charge.

(6) The external-cost charge related to traffic-based air

pollution shall not apply to heavy-duty vehicles which comply with the

most stringent of Euro emission standards

Provided that such exemption shall cease to apply four (4)

years after the date when the rules which introduced those standards

started to apply.

(7) In the event that such charges are introduced, with effect

from 25th March 2026, the Authority shall apply an external-cost

charge for traffic-based air pollution to heavy-duty vehicles on the

tolled network referred to in regulation 3(1)

Provided that the Authority may decide not to apply an

external-cost charge on those road sections where this would lead to

the diversion of the most polluting vehicles, resulting in negative

impacts on road safety and public health.

INDICATIVE VEHICLE CLASS DETERMINATION

The vehicle classes are defined by the table below.

Vehicles are classed in subcategories 0, I, II and III according to the damage they cause to the road surface, in ascending order

(Class III is thus the category causing most damage to road infrastructure). The damage increases exponentially with the

increase in axle weight.

All motor vehicles and vehicle combinations of a maximum permissible laden weight below 7,5 tonnes belong to damage

class 0.

Motor vehicles

Driving axles with air suspension or

Other driving axle suspension systems

Damage class

recognised equivalent (1)

Number of axles and maximum permissible

Number of axles and maximum permissible

gross laden weight

gross laden weight

(in tonnes)

(in tonnes)

Not less than

Less than

Not less than

Less than

Two Axles

7,5

7,5

I

Three Axles

II

Four Axles

I

II

(1) Suspension recognised as equivalent according to the definition in Annex II to Council Directive 96/53/EC of 25 July 1996

laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national

and international traffic and the maximum authorised weights in international traffic (OJ L 235, 17.9.1996, p. 59). Directive

as last amended by Directive 2002/7/EC of the European Parliament and of the Council (OJ L 67, 9.3.2002, p. 47)

Vehicle combinations (articulated vehicles and road trains)

Driving axles with air suspension or

Sistemi oħra ta’ sospensjoni fuq il-fusien

Klassi ta’ ħsara

recognised as equivalent

motorizzati

Number of axles and maximum permissible

Number of axles and maximum permissible

gross laden weight

gross laden weight

(in tonnes)

(in tonnes)

Not less than

Less than

Not less than

Less than

2 + 1 axles

7,5

7,5

I

2 + 2 axles

II

III

2 + 3 axles

II

III

2 + 4 axles

II

III

3 + 1 axles

II

III

3 + 2 axles

II

III

3 + 3 axles

I

II

7 a xles

II

III

At least 8 axles

I

II

III

(1) The Authority may apply higher external-cost Higher external-

charges for CO 2 emissions which are higher than the reference values cost

based on CO 2

set out in the Fourth Schedule, on condition that this is done in a non- emissions.

discriminatory manner, and limited to not more than twice (2) the

values set out in the Fourth Schedule.

(2) Where the Authority takes a decision in accordance with

sub-regulation (1), such decision shall be justified and notified to the

Commission in accordance with the Second Schedule.

(3) For buses and coaches, the Authority may choose to apply

the same or lower values than those applied to heavy goods vehicles.

(4) An external-cost charge for CO 2 emissions may be

combined with an infrastructure charge that has been varied in

accordance with regulations 9 and 10.

MINIMUM REQUIREMENTS FOR LEVYING A CONGESTION CHARGE

This Schedule sets out the minimum requirements for levying a congestion charge.

1. The parts of the network subject to congestion charging, vehicles and time periods covered

The Competent Authority shall specify precisely

(a) the part or parts of network in the trans- European road network and their motorways referred to in Regulation 3(1),

which are to be subject to a congestion charge, in accordance with Regulation 8(1) and (3).

(b) the classification of sections of the network which are subject to the congestion charge as ‘metropolitan’ and ‘non-

metropolitan’. The Competent Authority shall use the criteria set out in Table 1 for the purposes of determining the

classification of each road segment.

Table 1

Criteria for classifying roads on the network referred to in points (a) as ‘metropolitan’ and ‘non-metropolitan’

Road category

Classification criterion

‘metropolitan’

Sections of the network running inside

agglomerations with a population of

250 000 inhabitants or more

“mhux metropolitani”

Sezzjonijiet tan-network li mhumiex

kwalifi- kati bħala “metropolitani”

(c) the periods during which the charge applies, for each individual segment. Where different charge levels apply throughout

the charging period, the Competent Authority shall clearly specify the beginning and the end of each period during which

a specific charge is applied.

The Competent Authority shall use the equivalence factors provided in Table 2 for the purpose of establishing the proportion

between charge levels for different vehicle categories

Table 2

Equivalence factors for establishing the proportion between congestion charge levels for different vehicle categories

Vehicle category

Equivalence factor

Light-duty vehicles

Rigid heavy goods vehicles

1,9

Coaches and buses

2,5

Articulated heavy goods vehicles

2,9

2. Amount of the charge

For each vehicle category, road segment and time period, the Competent Authority shall determine a single specific amount,

set in accordance with the provisions of Section 1 of this Schedule, taking into account the corresponding reference value set

out in the Table of the Eight Schedule. The resulting charging structure shall be trans- parent, made public and available to all

users on equal terms.

Before implementing a congestion charge, the Competent Authority shall publish in a timely manner all of the following

(a) all parameters, data and other information necessary to understand how the classification of roads and vehicles and

determination of periods of application of the charge are established;

(b) the complete description of congestion charges applying to each vehicle category on each road segment and for each

time period.

The Competent Authority shall make available to the Commission all information to be published pursuant to points (a) and

(b).

The charge shall be set only after having considered the risk of traffic diversion together with any adverse effects on road

safety, the environment and congestion, and any solutions to mitigate these risks.

Where a Member State intends to apply higher congestion charges than the reference values set out in the Table of Annex VI,

it shall notify the Commission of the following

(i) the location of roads subject to congestions charges;

(ii) the classification of roads as ‘metropolitan’ and ‘non-metropolitan’, as specified under point (b) of Section 1;

(iii) the periods during which the charge applies, as specified under point (c) of Section 1;

(iv) any partial or full exemption applied to minibuses, buses and coaches.

3. Monitoring

The Competent Authority shall monitor the effectiveness of the charging scheme in reducing congestion. It shall adjust every

three years, where appropriate, the charging structure, charging period(s) and the specific amount of the charge set for each given

category of vehicle, type of road and period to the changes in transport supply and demand

EIGHT SCHEDULE

REFERENCE VALUES OF CONGESTION CHARGE

This Schedule sets out the reference values of congestion charge.

The reference values provided for in the Table below shall be applied to light- duty vehicles. Congestion charge for other

vehicle categories shall be established by multiplying the charge applied to light-duty vehicles by the equivalence factors

provided in the Table of t h e Seventh Schedule.

Table

Reference values of congestion charge for light-duty vehicles

cent/vehicle-kilometre

Metropolitan

Non-metropolitan

Motorways

25,9

23,7

Main roads

61,0

41,5

(1) The Authority may, in accordance with the Congestion

requirements set out in the Fifth Schedule, introduce a congestion charge.

charge on any section of the road network in Malta which is affected

by congestion. The congestion charge may only be applied on those

road sections which are regularly congested and only during the

periods when they are typically congested.

(2) If it elects to introduce such congestion charge, the

Authority shall specify the road sections and time periods referred to

in sub-regulation (1) based on objective criteria related to the level to

which the roads and their vicinities are affected by congestion,

measured, inter alia, in terms of average delays or queue lengths.

(3) If such congestion charge is imposed on any section of the

road network in Malta, it shall be applied in a non-discriminatory

manner to all vehicle categories, in accordance with the standard

equivalence factors set out in the Fifth Schedule.

(4) The Authority may, however, exempt, partially or fully,

minibuses, buses and coaches from congestion charge for the

promotion of collective transport and socioeconomic development and

territorial cohesion. Motor caravans, irrespective of their technically

permissible maximum laden mass, shall not be treated as coaches and

buses for the purpose of this sub-regulation.

(5) The congestion charge shall be set in accordance with the

minimum requirements referred to in the Fifth Schedule. It shall reflect

the costs imposed by a vehicle on other road users, and indirectly on

society, and shall respect the reference values set out in the Sixth

Schedule for any given road type.

(6) If the Authority decides to apply congestion charges higher

than the reference values set out in the Sixth Schedule, it shall notify

the Commission in accordance with the requirements referred to in the

Fifth Schedule.

(7) If such congestion charges is imposed, the revenues from

such charges are to be used to address the problem of congestion, or to

develop sustainable transport and mobility in general. Where such

revenues are allocated to the general budget, it shall be deemed to have

been applied to develop sustainable transport and mobility if such

revenues are used to implement financial support policies to address

the problem of congestion or to develop sustainable transport and

mobility.

(8) The Authority shall put in place adequate mechanisms for

monitoring the impact of congestion charges and for reviewing the

level thereof. The Authority shall review the level of charges regularly,

at least every three (3) years, to ensure that they do not exceed the

costs of the congestion occurring in Malta on the road sections subject

to the congestion charge.

EMISSION PERFORMANCE

This Schedule specifies the emission performance for pollutants according to which tolls and user charges shall be differentiated

in accordance with Regulation 5(6), point (b).

Table

Emission performance criteria for pollutants for light-duty vehicles

Tolls and user

5-15% below

15-25% below

25-35% below higher rate

Up to 75 % below

charge

higher rate

highes rate

higher rate

Declared maximum RDE

Emission

Euro-6d-temp-x (#)

Euro-6d-x (#)

Zero emission

values for pollutant

performance

vehicles

emissions (##) < 80 % of

the applicable emission

limits

(#) where x may be empty or be one of the following (EVAP, EVAP-ISC, ISC or ISC-FCM)

(##) for both NOx and PN as reported in point 48.2 of the Certificate of Conformity, in the Appendix to Annex VIII to

Commission Implementing Regulation (EU) 2020/683 6 .

Commission Implementing Regulation (EU) 2020/683 of 15 April 2020 implementing Regulation (EU) 2018/858 of the

European Parliament and of the Council with regards to the administrative requirements for the approval and market surveillance

of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (OJ L

163, 26.5.2020, p. 1).

€3.42

(1) The Authority shall vary infrastructure charges and

user charges for heavy-duty vehicles in accordance with the provisions

of this regulation and regulation 10.

(2) The Authority shall apply the variation to the sub-groups of

heavy-duty vehicles covered by Article 2(1)(a) to (d) of Regulation

(EU) 2019/1242 at the latest two (2) years after the publication of the

reference CO 2 emissions for those vehicle sub-groups in the

implementing acts adopted in accordance with Article 11(1) of

Regulation (EU) 2019/1242.

(3) For CO 2 emission classes 1, 4 and 5, referred to in sub-

regulation (7), that variation shall apply to the groups of heavy-duty

vehicles not covered by Article 2(1)(a) to (d) of Regulation (EU) 2019/

1242, at the latest two (2) years following the publication of the

reference CO 2 emissions in implementing acts adopted pursuant to

Article 7ga(7) of Directive 1999/62/EC for the relevant group.

(4) Where point 5.1 of Annex I to Regulation (EU) 2019/1242

is amended by a Union legislative act in such a way as to cover the

reference CO 2 emissions relevant for a group of heavy-duty vehicles,

such reference CO 2 emissions shall no longer be determined according

to these regulations but in accordance with point 5.1 of Annex I to

Regulation (EU) 2019/1242, as may be amended from time to time.

(5)

Where emission reduction trajectories for groups of heavy-

duty vehicles not covered by Article 2(1)(a) to (d) of Regulation (EU)

2019/1242, are determined by a Union legislative act amending point

5.1 of Annex I of Regulation (EU) 2019/1242, the variations for CO 2

emission classes 2 and 3, as defined in sub-regulation (7) shall apply

from the date of entry into force of the new emission reduction

trajectories.

(6) Without prejudice to the reduction of rates provided for in

sub-regulation (9), the Authority may provide for reduced rates of

infrastructure or user charges, or exemptions to pay infrastructure or

user charges for zero-emission vehicles of any vehicle group from 24th

March 2022 until 31st December 2025. With effect from 1st January

2026, such reductions shall be limited to seventy-five percent (75%)

compared to the charge applicable to CO 2 emission class 1, as defined

in sub-regulation (7).

(7) Without prejudice to sub-regulations (1) to (6), the

Authority shall establish for each type of heavy-duty vehicle the

following CO 2 emission classes

(a) CO 2 emission class 1 which are vehicles that do not

belong to any of the CO 2 emission classes referred to in

paragraphs (b) to (e);

(b) CO 2 emission class 2 which are vehicles of the

vehicle sub-group sg registered for the first time in the reporting

period of the year Y with CO 2 emissions more than five percent

(5%) below the emission reduction trajectory for the reporting

period of the year Y and the vehicle sub-group sg but not

belonging to any of the CO 2 emission classes referred to in

paragraphs (c), (d) and (e);

(c) CO 2 emission class 3 which are vehicles of the

vehicle sub-group sg registered for the first time in the reporting

period of the year Y with CO 2 emissions more than eight percent

(8%) below the emission reduction trajectory for the reporting

period of the year Y and the vehicle sub-group sg not belonging

to any of the CO 2 emission classes referred to in paragraphs (d)

and (e);

(d) CO 2 emission class 4 which are low-emission heavy-

duty vehicles; and

(e) CO 2 emission class 5 which are zero-emission

vehicles.

(8)

The Authority shall ensure that the classification of a

vehicle belonging to CO 2 emission class 2 or 3 is reassessed every six

(6) years after the date of its first registration and that, where relevant,

the vehicle is reclassified in the relevant emission class on the basis of

the thresholds applicable at that time. Reclassification shall, with

regard to a user charge, take effect at the latest on its first day of

validity on or after the day of that reclassification.

(9) Without prejudice to sub-regulations (1) to (6), reduced

charges shall apply to vehicles in CO 2 emission classes 2, 3, 4 and 5 as

follows

(a) for CO 2 emission class 2 a five percent (5%) to

fifteen percent (15%) reduction when compared to the charge

applicable for CO 2 emission class 1;

(b) for CO 2 emission class 3 a fifteen percent (15%) to

thirty percent (30%) reduction when compared to the charge

applicable for CO 2 emission class 1;

(c) for CO 2 emission class 4 a thirty percent (30%) to

fifty percent (50%) reduction when compared to the charge

applicable for CO 2 emission class 1;

(d) for CO 2 emission class 5 a fifty percent (50%) to

seventy-five percent (75%) reduction when compared to the

charge applicable for CO 2 emission class 1.

(10) Where the infrastructure charge or the user charge is also

varied according to the Euro emission class, the reductions referred to

in sub-regulation (9) shall apply as compared to the charge applied to

the strictest Euro emission standards.

(11) The variations referred to in this regulation shall not be

designed to generate additional revenues.

RENDIMENT TAL-EMISSJONIJIET

Din l-Iskeda jispeċifika r-rendiment tal-emissjonijiet għal sustanzi niġġiesa li skonthom għandhom jiġu differenzjati l-pedaġġi u

t-tariffi għall-utent f’konformità mar-Regolament 5(6), il-punt (b).

Tabella

Kriterji tar-rendiment tal-emissjonijiet għal sustanzi niġġiesa għal vetturi ħfief

Pedaġġi u tariffi

5-15% inqas mill-

15-25% inqas mill-

25-35 % inqas mill-ogħla

Massimu ta’ 75 %

għall-utent

ogħla rata

ogħla rata

rata

inqas mill-ogħla rata

Euro-6d-temp-x (#)

Euro-6d-x (#)

Rendiment tal-

Valuri massimi ddikjarati tal-

Vetturi b’emissjoni-

emissjonijiet

RDE għall-emissjonijiet tas-

jiet żero

sustanzi niġġiesa (##) < 80

% tal-limiti tal-emissjonijiet

applikabbli

(#) fejn x tista’ tkun vojta jew tkun waħda minn dawn li ġejjin (EVAP, EVAP-ISC, ISC jew ISC-FCM)

(##) kemm għal NOx kif ukoll għal PN kif irrappurtat fil-punt 48.2 taċ-Ċertifikat tal-Konformità, fl-Appendiċi għall-

Anness VIII għar-Regolament ta’ Implimentazzjoni tal-Kummissjoni (UE) 2020/683 6

Ir-Regolament ta’ Implimentazzjoni tal-Kummissjoni (UE) 2020/683 tal-15 ta’ April 2020 li jimplimenta r-Regolament

(UE) 2018/858 tal-Parlament Ewropew u tal-Kunsill fir-rigward tar-rekwiżiti amministrattivi għall-approvazzjoni u s-

sorveljanza tas-suq ta’ vetturi bil-mutur u t-trejlers tagħhom, u ta’ sistemi, komponenti u unitajiet tekniċi separati maħsubin

għat-tali vetturi (ĠU L 163, 26.5.2020, p. 1).

(1) The Authority may decide not to apply the

requirement of varying the infrastructure charge in accordance with

regulation 9(7) where an external-cost charge for CO 2 emissions is

levied and varied according to the reference values of the external-cost

charge for CO 2 emissions in the Fourth Schedule.

(2) On road sections where a vehicle is operated without CO 2

emissions in a verifiable manner, the Authority may apply to that

vehicle reduced charges in accordance with CO 2 emission class 5.

(3) If the Authority decides to utilize the option in sub-

regulation (2), it shall apply the charges applicable to CO 2 emission

class 1 to that vehicle on other road sections.

(4) The application of the variation of charges based on CO 2

emissions referred to in this regulation and regulation 9 shall not be

mandatory where another Union road transport fuel carbon-pricing

measure applies.

(5) The Authority may differentiate tolls and user charges for

light-duty vehicles according to the environmental performance of the

vehicle determined by the specific CO 2 emissions combined, or

weighted combined, recorded in entry forty-nine (49) of the certificate

of conformity of the vehicle, and by the Euro emission performance.

(6) Without prejudice to sub-regulations (8) and (9), lower

rates of tolls and user charges shall apply for passenger cars, minibuses

and light commercial vehicles that meet both of the following

conditions

(a) their specific CO 2 emissions, determined in

accordance with Commission Regulation (EU) 2017/1151, shall

be zero (0) or shall be below the following levels

(i) for the period 2021 to 2024, the EU fleet-wide

targets 2021 determined in accordance with Part A, point 6,

and Part B, point 6, of Annex I to Regulation (EU) 2019/

631, as may be amended from time to time;

(ii) for the period 2025 to 2029, the EU fleet-wide

targets determined in accordance with Part A, point 6.1.1,

and Part B, point 6.1.1, of Annex I to Regulation (EU)

2019/631, as may be amended from time to time;

(iii) for the period 2030 onwards, the EU fleet-wide

targets determined in accordance with Part A, point 6.1.2,

and Part B, point 6.1.2, of Annex I to Regulation (EU)

2019/631, as may be amended from time to time;

(b) their pollutant emissions, determined in accordance

with Regulation (EU) 2017/1151, shall be as specified in the

Table of the Seventh Schedule.

(7) The Authority may apply the reduction for zero-emission

vehicles referred to in the Seventh Schedule without applying

reductions for the other emissions performance categories referred to

in the said Schedule.

(8) From 1st January 2026, where technically practicable, the

Authority shall vary the tolls and the annual rate of the user charges for

vans and minibuses according to the environmental performance of the

vehicle, in accordance with the rules set out in the Seventh Schedule.

For that purpose, the provisions of sub-regulation (6) shall be

indicative.

(9) If the Authority chooses to apply different emission

performance criteria or levels of reduction to those set out in sub-

regulations (5) to (7), or choose to include different or additional

criteria, it shall notify the Commission of its choices and provide

written justification for such choices, at least six (6) months before the

introduction of any such variation

Provided that, the Authority may choose to apply

reductions to zero-emission vehicles only, without applying any

variation to other vehicles and without notifying the Commission.

(10) The Authority may take into account an improvement in the

environmental performance of the vehicle which is linked to that

vehicle’s conversion to alternative fuels.

(11) The Authority may adopt exceptional measures for the

purpose of charging vehicles of historical interest.

(12) The variations referred to in this regulation shall not be

designed to generate additional revenues.

(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 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.

(1) Tolls and user charges shall be applied and collected

by the Authority and their payment monitored in such a way as to

cause as little hindrance as possible to the free flow of traffic and to

avoid any mandatory controls or checks at Malta’s borders. The

Authority shall cooperate with the controlling bodies of other Member

States to establish methods for enabling road users to pay tolls and

user charges twenty-four (24) hours a day at least electronically or, at

the border or at major sales outlets, using common means of payment,

inside and outside the Member States in which they are applied.

(2) The Authority shall not be obliged to provide physical

points of payment.

(3) The Authority shall ensure that the arrangements for

collecting tolls and user charges shall not, financially or otherwise,

place non-regular users of the road network at an unjustified

disadvantage.

(4) In particular, where the Authority decides to collect tolls or

user charges exclusively by means of a system that requires the use of

a vehicle on-board unit, it shall ensure that all users can acquire

appropriate on-board units compliant with the requirements of the

Motor Vehicles (Interoperability of Electronic Road Tolls System)

Regulations under reasonable administrative and economic

arrangements.

(5) Where a driver or, if appropriate, the transport operator or

the European Electronic Toll Service (EETS) provider, is unable to

provide evidence of the emission class of the vehicle for the purposes

of regulations 5(11) and (12), 9 or 10, the Authority may apply tolls or

user charges up to the highest level chargeable.

(6) The Authority shall take the measures necessary to ensure

that the road user can declare the emission class of the vehicle at least

through electronic means before using the infrastructure and may offer

electronic and non-electronic means to enable the user to provide

evidence in order to benefit from toll reductions or, where appropriate,

in the event of a check.

(7) The Authority may require that evidence supplied through

electronic means is provided before the infrastructure is used.

(8) The Authority may take the measures necessary to ensure

that the provision of evidence subsequent to the use of the

infrastructure is accepted for thirty (30) days or a longer period

determined by the Authority after the use of the infrastructure and to

ensure the reimbursement of any difference between the tolls or user

charges applied and the toll or user charge corresponding to the

emission class of the vehicle concerned that follows from evidence

provided within the applicable time-limit.

(9) Where the Authority levies a toll on a vehicle, the total

amount of the toll, the amount of the infrastructure charge, the amount

of the external-cost charge, and the amount of the congestion charge,

where applied, shall be indicated in a receipt provided to the road user,

where possible by electronic means. The road user may agree not to be

provided with the receipt.

(10) Where it is deemed to be economically feasible, the

Authority shall levy and collect infrastructure charges, external-cost

charges and congestion charges by means of an electronic road toll

system which complies with the provisions of Article 3(1) of Directive

(EU) 2019/520.

The Authority shall monitor the system of tolls and, or user Monitoring of

charges to ensure that it functions in a transparent and non- tolls

charges.

discriminatory manner.

The Authority shall determine the use of revenues Use of income

generated by these regulations. To enable the transport network to be generated.

developed as a whole, the revenue generated from infrastructure and

external costs charges, or the equivalent in financial value of the

revenue, shall be used to benefit the transport sector and to optimise

the entire transport system. In particular, the revenue generated from

external cost charges, or the equivalent in financial value of the

revenue, shall be used to make transport more sustainable, including

any of the following

(a)

facilitating efficient pricing;

(b)

reducing road transport pollution at source;

(c)

mitigating the effects of road transport pollution at

source;

(d) improving the CO 2 and energy performance of

vehicles;

(e) developing alternative infrastructure for transport

users and, or expanding current capacity;

(f)

supporting the trans-European transport network;

(g)

optimising logistics;

(h)

improving road safety; and, or

(i)

providing secure parking places

(1) By 25 March 2025, and every five (5) years

thereafter, the Authority shall make public in aggregate form a report

on tolls and user charges levied on the Maltese territory.

(2) The report made public pursuant to sub-regulation (1) shall

include information on

(a) the evolution of charging for the use of road

infrastructure, namely the networks and vehicle categories

covered, including any exemption pursuant to regulations 3, 6(1)

to (4) or 10(5) to (12);

(b) the variation of infrastructure charges or user charges

according to the category of vehicle and the type of heavy-duty

vehicle;

(c) the variation of infrastructure charges or user charges

according to the environmental performance of vehicles,

pursuant to regulations 5(9) to (13), 9 or 10;

(d) where applicable, the variation of infrastructure

charges according to the time of day, type of day, or season,

pursuant to regulation 5(1) and (2);

(e) the external-cost charge levied for each combination

of class of vehicle, type of road and period of time;

(f) the weighted average infrastructure charge and total

revenue raised through the infrastructure charge;

(g)

the total revenue raised through external-cost

charges;

(h) the total revenue raised through congestion charges

per category of vehicle;

(i) the total revenue raised through mark-ups and on

which road sections they were levied;

(j) the total revenue raised through tolls or user charges,

or, where applicable, both;

(k) information on the use of revenues generated by

applying these regulations, and how this use has allowed the

Authority to meet the goals referred to in regulation 14, or, where

such revenue is allocated to the general budget, information on

the level of expenditure allocated to road transport infrastructure

and sustainable transport projects; and

(l) the evolution of the share vehicles belonging to the

various emission classes on tolled roads.

(3) In the case that the Authority makes that information

publicly available online it may decide not to draw up the report.

The Road Tolls and User Charges Regulations are hereby Repeal and

repealed without prejudice to anything done or omitted to be done saving.

thereunder.

12.2016, p. 1).

Methodology of the European Environmental Agency: EMEP/EEA air pollutant emission inventory guidebook 2019 –

Technical guidance to prepare national emission inventories (http://www.eea.europa.eu//publications/emep-eea-guidebook-

2019).

Where the Competent Authority intends to apply higher external-cost charges than the reference values specified in the Fourth

Schedule, the Competent Authority shall calculate the chargeable cost of traffic-based noise pollution by applying the following

formulae

NCVj (day) = a × NCVj

NCVj (night) = b × NCVj

where

— NCVj = noise cost of one heavy goods vehicle on road type j (euro/vehicle.kilometre)

— NCjk = noise cost per person exposed on road type j to noise level k (euro/person)

— POPk = population exposed to daily noise level k per kilometre (person/kilometre)

— WADT = weighted average daily traffic (passenger car equivalent)

— a and b = are weighting factors determined by the Member State in such a way that the resulting weighted average

noise charge per vehicle kilometre corresponds to NCVj (daily).

The traffic-based noise pollution relates to the impact of noise on health of citizens around the road.

The population exposed to noise level k shall be taken from the strategic noise maps drafted under Article 7 of Directive

2002/49/EC of the European Parliament and the Council 4 , or other equivalent data source.

The cost per person exposed to noise level k shall be estimated by the Competent Authority using scientifically proven

methods.

The weighted average daily traffic shall assume an equivalence factor "e" between heavy goods vehicles and passenger cars

derived on the basis of the noise emission levels of the average car and of the average heavy goods vehicle and considering

the Regulation (EU) No 540/2014 of the European Parliament and of the Council 5 .

The Competent Authority may establish differentiated noise charges to reward the use of

quieter vehicles provided it

does not result in discrimination against foreign vehicles.

4.3. Cost of traffic-based CO2 emissions

Where the Competent Authority intends to apply an external-cost charge for CO2 emissions higher than the reference values

set out in the Fifth Schedule, the Competent Authority shall calculate the chargeable cost based on scientific evidence using the

avoidance cost approach, taking into account and explaining, in particular, the following aspects

the choice of emission target level;

(a)

estimation of options for mitigation;

(b)

estimation of baseline scenario;

(c)

risk and loss aversion;

(d)

equity weighting.

(e)

At least six months before the implementation of such an external-cost charge for CO2 emissions, the Competent Authority

shall notify the Commission.