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1. The infrastructure charge may be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, where the following conditions are met:

(a) the variation is transparent, made public and available to all users on equal terms;

(b) the variation is applied according to the time of day, type of day or season;

(c) no infrastructure charge is more than 175 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b;

(d) the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed six hours per day;

(e) the variation is devised and applied in a transparent and revenue-neutral way on a road section affected by congestion by offering reduced toll rates for road users who travel during off-peak periods and increased toll rates for road users who travel during peak hours on the same road section;

(f) no congestion charge is levied on the road section concerned. A Member State wishing to introduce such variation or changing an existing one shall inform the Commission thereof and provide it with the information necessary to assess whether the conditions are fulfilled.

2. Until the variation of infrastructure charges and user charges referred to in Article 7ga is applied, in respect of heavy-duty vehicles, Member States shall vary the infrastructure charge according to the Euro emission class of the vehicle in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles meeting the strictest Euro emission standards. Once infrastructure charges and user charges are varied pursuant to Article 7ga, Member States may discontinue the variation according to the Euro emission class. By way of derogation from the first subparagraph, a Member State may decide not to apply the requirement of varying the infrastructure charge where any of the following applies:

(a) it would seriously undermine the coherence of the tolling systems in its territory;

(b) it would not be technically practicable to introduce such differentiation in the tolling system concerned;

(c) it would lead to diversion of the most polluting vehicles with negative impacts on road safety and public health;

(d) the toll includes an external-cost charge for air pollution. Any such derogations or exemptions shall be notified to the Commission.

3. The variations referred to in this Article shall not be designed to generate additional revenues.