MINIMUM CONTENTS OF A EUROPEAN ELECTRONIC TOLL SERVICE DOMAIN STATEMENT
ANNEX IISupplementary provisions
ANNEX II MINIMUM CONTENTS OF A EUROPEAN ELECTRONIC TOLL SERVICE DOMAIN STATEMENT A European Electronic Tolling Service (EETS) domain statement shall contain the following information: 1. A section on procedural conditions, which shall be non-discriminatory and shall include at least: (a) the toll transaction policy (including authorisation parameters, toll context data, black lists); (b) the procedures and Service Level Agreement, including the format for communicating toll declaration data or billing data, times and frequency for the transfer of toll declaration data, accepted percentage of missed/erroneous tolls, accuracy of toll declaration data, operational availability performance; (c) the invoicing policy; (d) the payment policy; (e) a reference to the relevant conciliation body and its competences related to disputes concerning the remuneration of EETS-providers and of the main service provider; (f) the commercial conditions. 1.1. The section on the commercial conditions shall include at least the following elements applicable to the EETS providers: (a) any applicable fixed charge based on the costs incurred by the toll charger, for providing, operating and maintaining an EETS compliant system. The toll charger may not impose on EETS providers the fixed charge based on these costs if the costs of providing, operating and maintaining an EETS compliant system are included in the toll; (b) any applicable fixed charge to be paid by EETS providers based on the cost of the accreditation procedure, as referred to in Article 2(20) of Directive (EU) 2019/520, including the cost of the assessment of conformity to specifications or suitability for use of interoperability constituents; (c) any applicable requirements for a bank guarantee or equivalent financial instrument, which may not exceed the average monthly toll transaction amount paid by the EETS provider for this toll domain. This amount shall be determined based on the total toll transaction amount paid by the EETS provider for this toll domain in the previous year. For new EETS providers and for new toll domains, the amount shall be based on the expected average toll transactions payable by the EETS provider for this toll domain within the invoicing period based on the number of contracts and average toll per contract estimated in the EETS provider’s business plan for the specific toll domain. 1.2. The commercial conditions shall also include, as a minimum, a description of the elements used to define the fixed and/or variable remuneration paid by the toll charger to the EETS provider. The remuneration may vary according to the following elements: (a) the amount of the toll collected by the EETS provider on behalf of the toll charger; (b) the number of active pieces of on-board-equipment (OBE) provided by the EETS provider, which are in use in the EETS domain of the toll charger concerned; (c) where applicable, the number of toll transactions, or another indication of the cost of mobile communications between the OBE and the back office of the EETS provider; (d) the invoices issued by the EETS provider to EETS users for tolls due for the use of the EETS domain concerned; (e) the nature of other services outsourced by the toll charger to the EETS provider. 1.3. The domain statement shall also include a description of the specific requirements and obligations of the main service provider, which differ from the ones of the EETS providers and, which justify any differences in the remuneration of the main service provider compared to that of the EETS providers. 2. A section defining ex ante the steps of the accreditation of an EETS provider to the EETS domain and an indicative duration of the accreditation procedure. This section shall set out the complete procedure for the assessment of the conformity to specifications and the suitability for use of interoperability constituents. It shall include a list of required certificates, laboratory and field tests and their indicative costs, and measurable criteria or parameters indicating conformity to specifications. The section shall contain references to all applicable international or European standards related to electronic tolling and exceptions to their application in the EETS domain. It shall also specify all technical requirements that are specific to the EETS domain and not covered by the international or European standards. The same acceptance procedure shall apply to all EETS providers. 3. A section on the toll context data.