1. Nº 75.21 Madrid, 6 de octubre de 2021 POLONIA. NUEVO SISTEMA eTOLL . INTERVENCIONES IRU
4. 2 does not give transport operators sufficient time to successfully complete the required registration process. Insufficient on -board units to connect with and make payments in the e-TOLL System. E ven where companies have successfully managed to complete the registration process, serious challenges are encountered due to the lack of availability of in -vehicle equipment necessary to pay the toll. On-board units in the vehicle are one of the two options that the e-TOLL System provides to make toll payments . However, this possibility is largely theoretical since hundreds of European hauliers have complained to IRU member associations about the lack of availability of on-board units with the listed providers . Lead times of up to two months are given before on-board units can be delivered. Complaints about the high costs of such units have also been received. IRU notes that all EU Member States using electronic tolling systems work with on-board units for transpo rt companies because this is still the most practic al way to pay for tolls. Hence, availability of on-board units is critical for a functional e-TOLL System. Payments via smartphone applications are not adequate and do not work . As an alternative payment to the on-board units, the Polish e-TOLL System provides the possibility for professional drivers to pay the toll with a smartphone application available on Apple and Android. Regarding this payment method , firstly please note that Directive (EU) 2015/413 on facilitating cross-borde r exchange of information on road-safety-related traffic offences considers the use of mobile phone devices while driving a road safety-related traffic off ence. In addition, please note that not all drivers have smart phones and often drivers ’ smart phones are personal. The payment due by a transport operator should not be dependent on drivers’ personal belongings and personal space. Deferred payment through fleet card operators has been rendered impossible . Deferred payment through the fleet card system was transferred to one entity. This has negative consequences for the users because the use of the deferred payment channel through fleet card operators, which is widely used in many toll systems in Europe, has been blocked. The challenges above will unfortunately not allow a great number of European tran sport operators to be ready for the end of the ViaTOLL system on 1 October 2021. This wil l cause widespread unintended failures to register and make payments in the e-TOL L System. Consequently, it will expose transport operators to undeserved sanctions and hinder their freedom to provide services. IRU calls on the Polish Government to prolong the parallel operation of the e-TO LL and ViaTOLL systems at least until the end of 2021 and certainly until all features of the e- TOLL system are fully operational and a sufficient number of on-board units has been delivered to professional road transport operators. Alternatively, should the prolongati on of ViaTOLL be not an option, we call for your support and action by immedi ate suspension of the e-TOLL System until dysfunctionalities are remedied. IRU remains available to discuss this issue with you and your competent servic es and is prepared to continue to provide support in keeping transport operators informed on how to prepare to comply with the e-TOLL system. Yours sincerely, Umberto de Pretto Secretary General
6. 2 operators have tried this option but had to acknowledge that this option has only been activated at a very late stage. Insufficient on-board units to connect with and make payments in the e-TOLL System. E ven where companies have successfully managed to complete the registration process, serious challenges are encountered due to the lack of availability of in -vehicle equipment necessary to pay the toll. On-board units in the vehicle are one of the two options that the e-TOLL System provides to m ake toll payments . However, this possibility is largely theoretical since hundreds of European hauliers have complained to IRU member associations about the lack of availability of on-board units with the listed providers . Lead times of up to two months are given before on-board units can be delivered. Complaints about the high costs of such units have also been received. Fleet card companies have informed the IRU that only 100 on-board units can be activated per hour by the e- TOLL System with a current waiting list of 50,000 units. IRU notes that all EU Member States using electronic tolling systems work with on-board units fo r transport companies because this is still the most practical way to pay for toll s. Hence, availability of on-board units is critical for a functional e-TOLL System. Payments via smartphone applications are not adequate and do not work . As an alternative payment to the on-board units, the Polish e-TOLL System provides the possibility for professional drivers to pay the toll with a smartphone application available on Apple and Android. Regarding this payment method, firstly pleas e note that Directive (EU) 2015/413 on facilitating cross-border exchange of informati on on road-safety-related traffic offences considers the use of mobile phone de vices while driving a road safety-related traffic offence. In addition, please note that not all drivers have smart phones and often drivers’ smart phones are personal. The payment due by a transport operator should not be dependent on drivers’ personal belongings and personal space. Deferred payment through fleet card operators has been rendered impossible . Deferred payment through the fleet card system was transferred to one entity. This has negative consequences for users because the use of the deferred payment channel through fleet card operators, which is widely used in many toll systems in Europe, has been blocked. The challenges above did not allow a great number of European transport operators to be ready for the end of the ViaTOLL system on 1 October 2021. This will c ause widespread unintended failures to register and make payments in the e-TOLL System . Consequently, it will expose transport operators to undeserved sanctions and hinder their freedom to provide services and move goods. The Polish Chief Tax-Customs Service acknowledged some of the issues in a letter sent to the Polish Ombudsman for Small and Medium-sized Enterprises on 1 October 2021. The letter comprises a statement according to which fines will not be imposed for s ome infringements during an (undefined) “initial” period. The letter remains vague an d leaves massive concerns on the actual practicality of a “penalty waver”. To our k nowledge, the letter has not materialised in any official instruction to enforcement authorities , which perpetuates legal uncertainty and concerns for undeserved sanctions. IRU calls on your intervention to persuade the Polish Government to suspend the e - TOLL System until dysfunctionalities are remedied. IRU remains available to dis cuss thi s issue with you and your competent services and is prepared to continue to provide support in keeping transport operators informed on how to prepare to comply with the e-TOLL system. Yours sincerely, Raluca Marian Director EU Advocacy & General Delegate, IRU Permanent Delegation to the EU
2. Nº 75.21 Madrid, 6 de octubre de 2021 POLONIA. NUEVO SISTEMA eTOLL, INTERVENCIONES IRU El 1 de octubre de 2021, el sistema de peaje polaco ViaTOLL dejó de estar operativo y e-TOLL se convirtió en el único sistema de peaje del país. Muchos operadores de transporte se encontraron con serios desafíos en sus preparativos para cumplir con el sistema e-TOLL antes del 1 de octubre de 2021. A petición de varios miembros de la Unión Europea y de fuera de la UE, IRU intervino ante el Gobierno polaco y la Comisión Europea pidiendo la suspensión de la solicitud del sistema e-TOLL hasta que se solucionen todas las disfuncionalidades del sistema. Las dos cartas se adjuntan para su información. Se mantendrá informados a los miembros sobre nuevos desarrollos. C/ Príncipe de Vergara, 74, 3 planta - 28006 MADRID Tlf.: 91 451 48 01 / 07 – Fax: 91 395 28 23 E-mail: astic@astic.net Nota: Prohibida la edición, distribución y puesta en red, total o parcial, de esta información si n la autorización de A ST IC
3. Mr. Tadeusz Kościński Minister of Finance, Funds and Regional Policy Ministry of Finance Świętokrzyska 12 00 -916 Warsaw Poland By email AD / GE 1049446/UDP Geneva , 30 September 2021 The operation of the Polish e-TOLL road user charging system Dear Minister Kościński , On 1 October 2021, the new Polish e-TOLL Collection System will be the only toll system in operation although the e-TOLL System is not ready to be largely de ployed. IRU is deeply concerned that tens of thousands of EU and non-EU transport operators will be penalised without a chance to comply with the new system and calls for your immediate intervention to suspend the application of the e-TOLL System or prolong the application of the parallel ViaTOLL system until dysfunctionalities are remedi ed. Over the last few months, IRU and its member associations across Europe have been active ly informing road transport operators about what is required to make the switch from the incumbent toll system, ViaTOLL, to the e-TOLL System. Despite these efforts, IRU’s member associations from EU and third countries, i.e., from Germany, the Czech Republic, Estonia, Hungary, Romania, Russia and Belarus, have reported a great number of complaints from hauliers which were unable to make the switch due to e- TOLL System dysfunctionalities. The main challenges or dysfunctionali ties are the following: Difficulty to access the online portal . Setting up an account on an online portal is one of the three possibilities to register to the e-TOLL System. According to the official e-TOLL information, it should be possible for transport operators to activate accounts remotely. Our member associations have received numerous complaints because of transport operators’ impossibility to activate accounts remote ly . Insufficient Customer Service Points . Registration at Customer Service Point s is the second of the three possibilities to register to the e-TOLL System. However, hauliers from several European countries, and in particular from non- EU countries, have reported an insufficient number of Customer Service Points. For example, IRU has been informed that there is not one single Customer Service Point at the Polish-Belarussian border. Registration via fleet card companies is not feasible yet . V ery recently this was announced as a third possibility to register. However, a great number of transport op erators have tried this option but had to acknowledge that this option has not even been activated yet. Assuming it could be soon activated, the very short period of time left before the discontinuation of ViaTOLL system
5. Mrs. Adina Vălean European Commissioner for Transport European Commission Rue de la Loi 200 1040 Brussels BELGIUM By email AD / BR 1049458/RMA Brussels , 4 October 2021 The operation of the Polish e-TOLL road user charging system Dear Commissioner Vălean , On 1 October 2021, the new Polish e-TOLL Collection System became the onl y toll system in operation in Poland although the e-TOLL System is not ready to be largely deployed. IRU is deeply concerned that tens of thousands of EU and non-EU transport operators will be penalised without a chance to comply with the new system. Imposing a dysfunctional toll system hinders transport operators’ freedom to prov ide services and move goods. We call for your immediate support and dialogue with the Polish Government to suspend the application of the e-TOLL System until dysfunction alities are remedied. Over the last few months, IRU and its member associations across Europe have been active ly informing road transport operators about what is required to make th e switch from the incumbent toll system in Poland, ViaTOLL, to the e-TOLL System. Despite these efforts, IRU’s member associations from EU and third countries, i.e., from Germany, the Czech Republic, Estonia, Hungary, Romania, the Netherlands, Russia , Ukraine and Belarus, have reported a great number of complaints from hauliers which were unable to make the switch due to e-TOLL System dysfunctionalities. The mai n challenges or dysfunctionalities are the following: Difficulty to access the online portal . Setting up an account on an online portal is one of the three possibilities to register to the e-TOLL System. According to the official e-TOLL information, it should be possible for transport operators to activate accounts remotely. Our member associations have received numerous complaints because of transport operators’ impossibility to activate accounts remote ly . Insufficient Customer Service Points . Registration at Customer Service Points is the second of the three possibilities to register to the e-TOLL System. However, hauli ers from several European countries, and in particular from non-EU countries, have reported an insufficient number of Customer Service Points. For example, IRU has been informed that there is not one single Customer Service Point at the Polish- Belarussian border. Registration via fleet card companies remains challenging . Very recently this was announced as a third possibility to register. However, a great number of transport
