Article 1(2) of the EU Directive 2004/52, states that the directive does not apply to road toll systems:
for which no electronic means of toll collection exists.
which do not need the installation of on-board equipment.
which are small, strictly local road toll systems for which the costs of compliance with the requirements of this directive would be disproportionate to the benefits.
Both the London congestion charge and Durham congestion charge are therefore exempt from the EU Directive 2004/52 as they do not require vehicles to install on-board equipment and do not use electronic means to collect the charge.