{
  "url": "https://openlegislation.uk/eu-decision-2009-750/annex-IV/division-CONFORMITY/division-2",
  "json_url": "https://openlegislation.uk/eu-decision-2009-750/annex-IV/division-CONFORMITY/division-2.json",
  "legislation": "eudn/2009/750",
  "legislation_title": "Commission Decision of 6 October 2009 on the definition of the European Electronic Toll Service and its technical elements (notified under document C(2009) 7547) (Text with EEA relevance) (2009/750/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-750",
  "path": "annex/IV/division/CONFORMITY/division/2",
  "kind": "division",
  "number": "2",
  "heading": "Suitability for use (interoperability of service)",
  "text": "The suitability for use of interoperability constituents is assessed by operation or use of the constituents in service, integrated representatively into the EETS toll system of the Toll Charger(s) on whose domain the on-board equipment shall circulate over a specified operation time.\nTo carry out such a type examination by in-service experience aiming to demonstrate the in-service interoperability of the interoperability constituents, the manufacturer, the EETS Provider or an authorised representative shall:\n(a) either collaborate directly with the Toll Charger(s) on whose domain the on-board equipment shall circulate. In this case,\nthe manufacturer, the EETS Provider or an authorised representative shall:\n1.. place in service one (or more) specimens representative of the production envisaged;\n2.. monitor the in-service behaviour of the interoperability constituents by a procedure agreed and surveyed by the Toll Charger(s);\n3.. give evidence to the Toll Charger(s) that the interoperability constituents meet all the interoperability requirements of this (these) Toll Charger(s);\n4.. draw up a Declaration of suitability for use, conditional to obtaining a suitability for use attestation delivered by the Toll Charger(s). The Declaration of suitability for use covers the assessment by the Toll Charger(s) of the suitability for use of the EETS interoperability constituents within the EETS environment of this (these) Toll Charger(s);\nand the Toll Charger(s) shall:\n1.. agree with the programme for validation by in-service experience;\n2.. approve the monitoring procedure of the in-service behaviour in its (their) toll domains and carry out specific verifications;\n3.. assess the in-service interoperability with its (their) system;\n4.. attest the suitability for use on its (their) toll domains in case of successful behaviour of the interoperability constituents;\n(b) or apply to a notified body. In this case,\nthe manufacturer, the EETS Provider or an authorised representative shall:\n1.. place in service one (or more) specimens representative of the production envisaged;\n2.. monitor the in-service behaviour of the interoperability constituents by a procedure approved and surveyed by the notified body (harmonised with the related Modules of Decision No 768/2008/EC);\n3.. provide evidence to the notified body that the interoperability constituents meet all the requirements of this decision, including the results of in-service experience;\n4.. draw up the ‘EC’ Declaration of suitability for use, conditional to obtaining a suitability for use certificate delivered by the notified body. The ‘EC’ declaration of suitability for use covers the assessment/judgement by the notified body of the suitability for use of the EETS interoperability constituents, considered within the EETS environment of the selected Toll Charger(s) and, in particular in cases where the interfaces are involved, in relation to the technical specifications, particularly those of a functional nature, which are to be checked;\nand the notified body shall:\n1.. take into consideration the declaration of conformity to specifications. Therefore the in-service examination shall not re-assess the type specifications already covered by the declaration of conformity, except where there is evidence that encountered non-interoperability problems are linked to such specifications;\n2.. organise the collaboration with the Toll Charger(s) selected by the manufacturer;\n3.. verify the technical documentation and the programme for validation by in-service experience;\n4.. approve the monitoring procedure of the in-service behaviour and carry out specific surveillance;\n5.. assess the in-service interoperability with Toll Charger(s) systems and operational processes;\n6.. issue a suitability for use certificate in case of successful behaviour of the interoperability constituents;\n7.. issue an explanatory report in case of unsuccessful behaviour of the interoperability constituents. The report shall also consider the problems which may arise as a result of non-compliance of a Toll Charger’s systems and processes with relevant standards and technical specifications. If appropriate, the report shall make recommendations in view to resolve the problems.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/750/annex/IV/division/CONFORMITY/division/2",
    "retrieved_at": "2026-11-01T15:16:22.392507+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}