S.I. No. 126/2026 - European Union (Charging of Vehicles for the Use of Road Infrastructures) (Supplemental Provisions) Regulations 2026
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 7th April, 2026. | ||
I, DARRAGH O’BRIEN, Minister for Transport, in exercise of powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving effect to Directive No. 1999/62/EC of the European Parliament and of the Council of 17 June 19991 , as amended by Directive 2006/38/EC of the European Parliament and of the Council of 17 May 20062 , Council Directive 2006/103/EC of 20 November 20063 , Council Directive 2011/76/EU of the European Parliament and of the Council of 27 September 20114 , Council Directive 2013/22/EU of 13 May 20135 and Directive (EU) 2022/362 of the European Parliament of 24 February 20226 , hereby make the following regulations: | ||
Citation | ||
1. These Regulations may be cited as the European Union (Charging of Vehicles for the Use of Road Infrastructures) (Supplemental Provisions) Regulations 2026. | ||
Interpretation | ||
2. (1) In these Regulations – | ||
“Principal Regulations” mean the European Union (Charging of Vehicles for the Use of Road Infrastructures) Regulations 2024 ( S.I. No. 601 of 2024 ). | ||
(2) A word or expression that is used in these Regulations and is also used in the Principal Regulations or the Eurovignette Directive has, unless the contrary intention appears, the same meaning as in the Principal Regulations or the Eurovignette Directive, as the case may be. | ||
Non-Application of the Principal Regulations | ||
3. (1) Regulations 9(3), 14, 15 and 16 of the Principal Regulations shall not apply to: | ||
(a) road infrastructures the subject of concession contracts, where the contract was signed before 24 March 2022 or the tenders or responses to invitations to negotiate under the negotiated procedure were received pursuant to a public procurement process before 24 March 2022 until the concession contract is renewed or the tolling or charging arrangement is substantially amended, or | ||
(b) long-term contracts, concluded between a public and non-public entity, signed before 24 March 2022 for the execution of works and/or the management of services other than the execution of works not including the transfer of the demand risk. | ||
(2) Regulations 12(1) and 12(2) of the Principal Regulations shall not apply to tolling arrangements: | ||
(a) which were in place on 10 June 2008, or | ||
(b) for which tenders or responses to invitations to negotiate under the negotiated procedure were received pursuant to a public procurement process before 10 June 2008, | ||
for as long as those arrangements remain in force and provided that they are not substantially amended. | ||
Supplemental to the Principal Regulations | ||
4. These Regulations are supplemental to, and shall be read together with, the Principal Regulations. | ||
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GIVEN under my Official Seal, | ||
18 March, 2026. | ||
DARRAGH O’BRIEN, | ||
Minister for Transport. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||
The purpose of these Regulations is to specify that Ireland will avail of optional exemptions from certain provisions of the Eurovignette Directive for contracts and tolling arrangements in place prior to the adoption of amendments to the Directive made under Directive (EU) 2022/362 as regards the charging of vehicles for the use of certain infrastructures. Eurovignette is an EU framework for applying toll and user charges. The current Regulations are the European Union (Charging of Vehicles for the Use of Road Infrastructures) Regulations 2024 (SI 601 of 2024). | ||
The Directive provides that Member States may choose not to apply certain provisions of Eurovignette where toll contracts were put in place before 24 March 2022. The provisions relate to the application of external-cost charges relating to traffic-based air pollution, infrastructure and user charges for heavy-duty vehicles, and to toll and user charges based on the environmental performance of the vehicle for other categories of vehicle. | ||
The requirements under Regulations 12(1) and 12(2) that are not being applied relate to the calculation of infrastructure charges for toll arrangements that were already in place or in train on 10 June 2008. | ||
1 OJ No. L187, 20.7.1999, p.42 3 OJ No. L363, 20.12.2006, p.344 4 OJ No. L269, 14.10.2011, p.1 |
