# CE2004084EN.01027701.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/277 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/277

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(2004/C 84 E/0322)

WRITTEN QUESTION E-3962/03

by José Ribeiro e Castro (UEN) to the Commission

(5 January 2004)

Subject:   Portugal — toll charges and ‘people carriers’

Subject:

According to recent information, certain makes (in particular, Chrysler and Kia) of ‘people carrier’-type vehicles are now eligible for the lowest (class 1) toll charge when they are used on Portuguese motorways, even though a higher rate continues to apply in the case of other vehicles of a similar design.

The Portuguese Ministry of Economic Affairs apparently once announced that ‘people carriers’ manufactured at the AutoEuropa plant would also be taxed as class 1 vehicles (in addition to the makes of vehicle which already enjoy that benefit), but this did not actually come to pass.

This difference in toll charges particularly affects larger families, who are more or less obliged to use vehicles of the ‘people carrier’ type.

In view of the above, would the Commission answer the following questions:

| — | Is the Commission aware that, in Portugal, different motorway toll charges exist for ‘people carrier’-type vehicles? |
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Is the Commission aware that, in Portugal, different motorway toll charges exist for ‘people carrier’-type vehicles?

| — | What view does the Commission take of this situation in the light of the principles of nondiscrimination and competition on equal terms within the internal market? Does the Commission not consider this to constitute an infringement of those principles? |
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What view does the Commission take of this situation in the light of the principles of nondiscrimination and competition on equal terms within the internal market? Does the Commission not consider this to constitute an infringement of those principles?

| — | What action has the Commission taken (or is it intending to take) in order to put an end to this state of affairs which not only constitutes unfair competition but also penalises many large families? |
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What action has the Commission taken (or is it intending to take) in order to put an end to this state of affairs which not only constitutes unfair competition but also penalises many large families?

Answer given by Mrs de Palacio on behalf of the Commission

(18 February 2004)

(18 February 2004)

The specific Community legal instrument for the levying of taxes, tolls and user charges is Directive 1999/62/EC (1). It is targeted only to heavy goods vehicles of 12 tonnes and more. It is to be underlined that Member States levying tolls on vehicles below 12 tonnes, including private cars, do not have to comply with the provisions contained in Directive 1999/62/EC as such tolls fall outside its scope.

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Whether other vehicles than those covered by Directive 1999/62/EC are tolled or not, is a matter of subsidiarity, where Member States can make more efficient decisions taking into account local circumstances. In any case, the tolls are as a rule related with the characteristics of vehicles and the conditions of use of the toll road: bigger vehicles normally pay more, polluting vehicles may pay more, peak time users often pay more, etc.

The Commission is not aware of the exact conditions of the tolls applicable in Portugal to various models of large passenger vehicles the Honourable Member is referring to. The Commission will contact the Portuguese Authorities in order to clarify this point.

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(1)  Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructure, OJ L 187, 20.7.1999.

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