MT
APPLICATION OF TOLLS AND USER CHARGES TO VEHICLES REGULATIONS
Table of Provisions (26)
Statutory Text (26 Articles)
USER CHARGES TO VEHICLES
SUBSIDIARY LEGISLATION 499.74
APPLICATION OF TOLLS AND USER CHARGES TO
VEHICLES REGULATIONS
10th December, 2024
LEGAL NOTICE 338 of 2024.
(1)
The title of these regulations is the Application of
Tolls and User Charges to Vehicles Regulations.
(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
(1)
A test cycle consists of a sequence of test points, each point being defined by a speed and a torque which the engine
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
USER CHARGES TO VEHICLES
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
USER CHARGES TO VEHICLES
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 5.1 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
USER CHARGES TO VEHICLES
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
USER CHARGES TO VEHICLES
(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;
USER CHARGES TO VEHICLES
"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
USER CHARGES TO VEHICLES
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.
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.
4. Share of heavy-duty vehicle traffic, equivalence factors and correction mechanism
— 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)
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
USER CHARGES TO VEHICLES
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
USER CHARGES TO VEHICLES
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
USER CHARGES TO VEHICLES
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.
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)
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.
USER CHARGES TO VEHICLES
(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.
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)
In the case that tolls are introduced as an
infrastructure charge, the charge for heavy-duty vehicles shall be
based on the principle of the recovery of infrastructure costs. The
weighted average infrastructure charge for heavy-duty vehicles shall
be related to the construction costs and the costs of operating,
maintaining and developing the infrastructure network concerned. The
weighted average infrastructure charge may also include a return on
capital and, or a profit margin based on market conditions.
(2)
The costs taken into account shall relate to the network
USER CHARGES TO VEHICLES
or the part of the network on which infrastructure charges for heavy-
duty vehicles are levied and to the vehicles that are subject to those
charges and the Authority may choose to recover only a percentage of
those costs.
(3)
The Authority shall calculate the maximum level of
infrastructure charge for heavy-duty vehicles using a methodology
based on the core calculation principles set out in sub-regulations (1)
and (2) and in the First Schedule.
(4)
In the event that concession tolls are introduced, the
maximum level of the infrastructure charge for heavy-duty vehicles
shall be equivalent to, or less than, the level that would have resulted
from the use of a methodology based on the core calculation principles
set out in sub-regulations (1) and (2), and the Second Schedule. The
assessment of such equivalence shall be made on the basis of a
reasonably long reference period appropriate to the nature of the
concession contract.
(5)
After informing the Commission, the Authority may add
a mark-up to the infrastructure charge levied on specific road sections
which are regularly congested, or the use of which by vehicles causes
significant environmental damage, where the following conditions are
(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;
USER CHARGES TO VEHICLES
and
(e)
the period for which the mark-up is to apply is
defined and limited in advance and is consistent, in terms of the
expected revenue to be raised, with the financial plans and cost-
benefit analysis for the projects co-financed with the revenue
from the mark-up.
(6)
A mark-up may be applied to an infrastructure charge
which has been varied in accordance with sub regulations (9) to (13),
regulation 9 or regulation 10.
(7)
A mark-up may not be applied on road sections on which
a congestion charge is levied.
(8)
The infrastructure charge may be varied for the purpose
of reducing congestion, minimising infrastructure damage and
optimising the use of the infrastructure concerned or promoting road
safety, where the following conditions are met
(a)
the variation is transparent, made public and
available to all users on equal terms;
(b)
the variation is applied according to the time of
day, type of day or season;
(c)
no infrastructure charge is more than one hundred
and seventy five (175%) above the maximum level of the
weighted average infrastructure charge as referred to in sub-
regulation (1) and (2);
(d)
the peak periods during which the higher
infrastructure charges are levied for the purpose of reducing
congestion do not exceed six (6) hours per day;
(e)
the variation is devised and applied in a
transparent and revenue-neutral way on a road section affected
by congestion by offering reduced toll rates for road users who
travel during off-peak periods and increased toll rates for road
users who travel during peak hours on the same road section;
and
(f)
no congestion charge shall be levied on the road
section concerned.
(9)
If the Authority wishes to introduce such variation or to
change an existing one it shall inform the Commission and provide it
with the information necessary to assess whether the conditions are
fulfilled.
(10)
Until the variation of infrastructure charges and user
USER CHARGES TO VEHICLES
charges referred to in regulations 9 and 10 is applied, in respect of
heavy-duty vehicles, the Authority shall vary the infrastructure charge
according to the Euro emission class of the vehicle in such a way that
no infrastructure charge is more than hundred percent (100%) above
the same charge for equivalent vehicles meeting the strictest Euro
emission standards. Once infrastructure charges and user charges are
varied pursuant to regulations 9 and 10, the Authority may discontinue
the variation according to the Euro emission class.
(11) The Authority may decide not to apply the requirement
of varying the infrastructure charge where any of the following
applies
(a)
it would seriously undermine the coherence of the
tolling systems in its territory;
(b)
it would not be technically practicable to
introduce such differentiation in the tolling system concerned;
(c)
it would lead to diversion of the most polluting
vehicles with negative impacts on road safety and public health;
or
(d)
the toll includes an external-cost charge for air
pollution
Provided that in such a case, the Authority shall be
obliged to notify the Commission with its decision.
(12) The variations referred to in this regulation shall not be
designed to generate additional revenues.
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
USER CHARGES TO VEHICLES
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
charges for CO 2 emissions which are higher than the reference values
set out in the Fourth Schedule, on condition that this is done in a non-
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
requirements set out in the Fifth Schedule, introduce a congestion
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.
USER CHARGES TO VEHICLES
(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).
(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.
USER CHARGES TO VEHICLES
(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
USER CHARGES TO VEHICLES
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
Rendiment tal-
Euro-6d-temp-x (#)
Euro-6d-x (#)
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
USER CHARGES TO VEHICLES
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.
USER CHARGES TO VEHICLES
(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
USER CHARGES TO VEHICLES
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
USER CHARGES TO VEHICLES
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.
USER CHARGES TO VEHICLES
(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 charges to ensure that it functions in a transparent and non-
discriminatory manner.
USER CHARGES TO VEHICLES
The Authority shall determine the use of revenues
generated by these regulations. To enable the transport network to be
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;
USER CHARGES TO VEHICLES
(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.
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.