13.10.2009 Official Journal of the European Union L 268/11 COMMISSION 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) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the inter- operability of electronic road toll systems in the Community (*), and in particular Article 4 thereof, Whereas: (1)  Directive 2004/52[EC requires the Commission to define the European Electronic Toll Service (EETS) in accordance with the procedure referred to in its Article 5(2). (2) A single contract with one EETS Provider should allow EETS Users to pay their tolls in all EETS domains of the European road network, in accordance with Article 3(1) of Directive 2004/52/EC by means, among others, of a single on-board equipment (OBE), which can be used on all EETS domains. (3)  This decision covers the exchange of information between Member States, toll chargers, service providers and road users in view to ensure the correct declaration of tolls due within the context of EETS. (4)  The introduction of EETS will entail the processing of personal data, which shall be carried out in strict accordance with relevant Community rules, as set out, inter alia, in Directive 95/46/EC of the European Parliament and of the Council () and Directive 2002/58/EC of the European Parliament and of the Council (3). (1) OJ L 166, 30.4.2004, p. 124. (%) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31). (’) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (O] L 201, 31.7.2002, p. 37). (5)  Toll Chargers have to give access to their EETS domain to EETS Providers on a non-discriminatory basis. (6)  To ensure transparency and non-discriminatory access to EETS domains for all EETS Providers, Toll Chargers shall publish all the necessary information relative to access rights in an EETS domain statement. (7)  The EETS is based on the principles of transparency and efficient and fair pricing. (8) A conciliation procedure has to be ensured in view to settle disputes between Toll Chargers and EETS Providers during contract negotiations and in their contractual rela- tionships. National ~Conciliation Bodies should be consulted by Toll Chargers and EETS Providers in search of a dispute settlement relating to non-discrimi- natory access to EETS domains. (9)  The efficient management of a fair and non-discrimi- natory access to EETS, including the avoidance of unnecessary administrative burden, requires close coop- eration between the Member States’ Conciliation Bodies () as regards the application of these Community rules, and as regards the handling of eventual appeals, notwithstanding the possibility of judicial review. (10) Toll Chargers may have different charging policies relative to different categories of users andfor vehicles and shall not discriminate between EETS Users, in the sense of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (the General Service Directive) (°). () The decision on the practical implementation of a Conciliation Body entrusted with mediation function lays with each Member State provided the requirements of Chapter IV ensuring all EETS Providers fair access to the national EETS domains are fulfilled. () OJ L 376, 27.12.2006, p. 36.