The European Electronic Toll Service (EETS)

GUIDE FOR THE APPLICATION OF THE DIRECTIVE ON THE INTEROPERABILITY OF ELECTRONIC ROAD TOLL SYSTEMS
• Article 5.3: Acceptance of EETS Providers; fair and non-discriminatory contractualisation
‘3. Toll Chargers shall accept on a non-discriminatory basis any EETS Provider requesting to provide EETS on the EETS domain(s)
under the Toll Charger’s responsibility.
Acceptance of an EETS Provider in a toll domain [...] may also be subject to specific contractual conditions.’
Comments:
Any EETS Provider has the right to enter into contract negotiations with a Toll Charger and, if it fulfils the EETS domain statement
requirements, should obtain access to the corresponding EETS domain(s). The contractualisation process must be inspired by
principles of transparency and fair pricing, according to the decision’s preamble (7). In this respect, each Toll Charger should:
• set up consistent rules applicable to any EETS Provider;
• seek efficiency in the application of EETS;
• create conditions for a permanent dialogue with EETS Providers in order to improve processes;
• define fair remuneration rules in view of the services exchanged between the EETS Providers and the Toll Charger.
The fair and non-discriminatory conditions of contractualisation may be scrutinised by the conciliation body of the Member State
where the Toll Charger operates the toll domain. This does not prevent the parties from calling for the appropriate jurisdiction
to settle a dispute, without prejudice to national procedures.
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2.2.2.3. Rights and duties of EETS Providers
• Article 3: Requirements to be fulfilled by EETS Providers (registration)
‘EETS Providers shall seek registration in a Member State where they are established, which shall be granted if they fulfil the
following requirements:
(a)
hold EN ISO 9001 certification or equivalent;
(b) demonstrate having the technical equipments and the EC declaration or certificate attesting the compliance of the
interoperability constituents as laid down in Annex IV(1) to the present Decision;
(c)
(d)
(e)
(f)
demonstrate competence in the provision of electronic tolling services or in relevant domains;
have appropriate financial standing;
maintain a global risk management plan, which is audited at least every two years;
be of good repute.’
Comments:
Principles: To become an EETS Provider, a company has to be registered as such in a Member State where it is established, i.e.
a Member State where this company has been formed in accordance with the law of that Member State and has a registered
office there.
The company seeking registration as an EETS Provider can be a subsidiary, branch, agency, office or other establishment of any
other company. However the status of EETS Provider belongs strictly to the company registered as such by a Member State. The
principal place of business of the mother company(ies) can be somewhere else in the European Union. Subsidiaries, branches,