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Opinion of the Committee of the Regions on the ‘proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructure’

(2004/C 109/04)

THE COMMITTEE OF THE REGIONS,

Having regard to the Proposal for a Directive of the European Parliament and of the Council Amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructure COM(2003) 448 final - 2003/0175 (COD);

Having regard to the decision of the Council of 12 September 2003 to consult it on this subject, under the Article 71 and the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 19 June 2003 to instruct its Commission for Territorial Cohesion Policy to draw up an opinion on this subject;

Having regard to its draft opinion (CoR 290/2003 rev. 1) adopted on 3 December 2003 by the Commission for Territorial Cohesion Policy (rapporteur: Mr Robert Neill, member of the London Assembly (UK, EPP);

Whereas:

adopted the following opinion unanimously at its 53rd plenary session, held on 11 and 12 February 2004 (meeting of 11 February).

1)   The Committee of the Regions' views

The Committee of the Regions

welcomes the revision of the common European framework on the charging of heavy goods vehicles on the use of certain roads to ensure a level-playing field with other modes of transport in the internal market for heavy goods vehicles operators;

believes that this framework should contribute towards the efficient functioning of transport systems in the internal market, by influencing road use and addressing congestion, the costs of extensive road use and infrastructure maintenance as wells as the efficient provision of new infrastructure;

supports the ‘polluter pays’ and the territorial principle (costs are paid where they arise): there should be an equal system of payment for road use regardless of from where users come;

welcomes the revision of the charging system which would more accurately reflect local social and environmental factors but believes that the charge should be based on all external costs;

believes that better demand management of road use will contribute towards safer roads, and notes that road safety is the subject of another opinion.

1.   Application of the directive

2.   The charging structure

3.   Using the revenues from the fees

4.   Urban Charging

5.   Impact Assessment

2)   The Committee of the Regions' recommendations

Amendments

Recommendation 1

Recitals – amendment

Reason

The charge should be take account of all external costs, not only accident costs, to reflect the true social, environmental and economic costs of road use.

Recommendation 2

Recitals – amendment

Reason

Vehicle taxes should not, as a matter of principle, be cut to a level below the minimum rates set out in Annex I of Directive 1999/62/EC. Any reduction below these minimum rates would have unacceptable drawbacks, not least the following:

Recommendation 3

Recital 9

Reason

The ability to cross-finance alternative modes of transport should be expressly recognised in relation to all charges in order to promote more sustainable modes of transport, this should not apply exclusively to sensitive areas where mark- ups are applied.

Recommendation 4

Recitals

Reason

The establishment of a national supervisory authority in each Member State is not necessary. It should be for the Member States to decide how they monitor and manage the financing. Member States should adopt adequate transparent procedures to account for the charges collected, and the way in which they are spent on transport.

Recommendation 5

Recitals

Reason

There are many different models for calculating marginal costs which encompass all external costs, we would like to stress the need for this to be investigated further, so that a consistent pan-European approach can be adopted.

Recommendation 6

Point 3 (a) amending Article 7 paragraph 2 – partly delete

Reason

Member States should not be required to seek the Commission's assent for introducing charges on other roads, in accordance with the principle of subsidiarity.

Recommendation 7

Point 1(b) amending Article 2(b)

Reason

Restrictions on offsetting construction costs would be disadvantageous for those Member States that invested early on in expanding the high-grade road network.

Recommendation 8

Point 3(f) amending Article 7(9)

Reason

Charges should factor in all external costs – not only the costs of accidents – so that they reflect the actual social, environmental and economic costs of infrastructure use.

Recommendation 9

Point 3(h) amending Article 7(11)

Reason

The area covered by the Alpine Convention is a good yardstick for defining the sensitive Alpine region. Moreover, cross-financing should not only be an option for improving transport infrastructure, but also for alternative measures to ease traffic congestion or environmental protection measures. Also, the mark-up in sensitive areas should not be strictly limited to 25 % but should be higher and more flexible.

Recommendation 10

Point 3 (g) amending Article 7 paragraph 10 – amendment

Reason

If the charges are to be used as an effective demand management tool, then account must be taken of all factors which affect road use, this includes the type of day, i.e. the day of the week or holidays. It should be possible to vary the charge according to the direction of travel at certain times of the day.

The limit on the variation of the charge for the purposes of congestion management should be removed. This limit would impede the effectiveness of congestions tolls, which in some cases would have to be set at more than double the minimum level in order to achieve reasonably free movement of traffic. Authorities should be free to set the charge at an effective level, according to local circumstances. Proportionality should be the governing principle.

The more peripheral and less accessible areas of the EU inevitably face longer hauls for their imports and exports, charges relating to distance travelled may have a disproportionate impact on local economies. Variations should be allowed to counter this impact.

Recommendation 11

Point 4 amending Article 7b – amendment

Reason

Member States' ability to reduce fuel tax to off-set the road charges should be expressly recognised in the directive. Reduction in fuel tax is a more equitable system for ensuring that all road users are treated equally within the internal market regardless of their nationality.

Recommendation 12

Point (6) inserting Article 8a – partly delete and amend

Reason

The establishment of a national supervisory authority in each Member State is not necessary. It should be for the Member States to decide how they monitor and manage the financing. Member States should adopt adequate transparent procedures to account for the charges collected, and the way in which they are spent on transport.

Recommendation 13

Point 6(b) amending Article 9 – amendment

Reason

The ability to cross-finance alternative modes of transport should be expressly recognised in relation to all charges in order to promote more sustainable modes of transport, this should not apply exclusively to sensitive areas where mark- ups are applied.

Reference should be made to the possibility of making use of charges to finance compensatory tax reductions.

Brussels, 11 February 2004.

The President

of the Committee of the Regions

Peter STRAUB

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(1)OJ C 73, 23.3.2004, p. 54

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