EN Official Journal of the European Union CE 65/143

(2004/C 65 E/159)

WRITTEN QUESTION P-2608/03

by Peter Pex (PPE-DE) to the Commission

(25 August 2003)

Subject: Introduction of motorway tolls in Germany

The transport sector is becoming very concerned about the introduction of motorway tolls in Germany. That concern has been somewhat alleviated by a report that the Commission has recommended that the introduction of such motorway tolls should be deferred. In contrast to that report, I have read in the German press that the German Commissioner, Günter Verheugen, has stated that the German Government is fully entitled to introduce the tolls as scheduled. That contradicts statements made by his fellow Commissioner Mrs Loyola de Palacio. On 23 July 2003, she said that the investigation initiated by the Commission into the German compensation measures implied deferment of both the motorway tolls and the German compensation measures relating thereto.

What is the Commission's stance on the German motorway tolls? The Commission's left hand does not seem to know what its right hand is doing. Does the deferment apply solely to compensation or also to the levying of the tolls themselves? Can the Commission rapidly eliminate the equivocal nature of its stance that has resulted from the statement by the German Commissioner?

How will the Commission ensure that the introduction of these motorway tolls in Germany is not in breach of Community law with regard to the free movement of goods and to non-discrimination?

Joint answer

to Written Questions E-2410/03 and P-2608/03

given by Mrs de Palacio on behalf of the Commission

(8 October 2003)

Germany intends to introduce a mileage-based motorway user charge for heavy goods vehicles. The user charge has been fixed at 12,6 cents per kilometer on average. On 6 March Germany has notified to the Commission its intention to introduce a toll reimbursement system based on excise duties in order to allow compensation for an intended increase of the user charge of 15 cents on average.

The Commission has to assess if the notified measure is compatible with the common market and fully in line with the relevant Community legislation. Due to the doubts raised by the notified measure, the Commission decided on 23 July 2003 to open the formal investigation procedure laid down in Article 88 §2 of the EC Treaty to allow Germany and other interested parties to make comments. On 27 August 2003, a short version of the decision summarising all the relevant issues of fact and law has been published in the Official Journal of the European Union (1).

At this stage, the Commission cannot exclude that the notified measure constitutes State aid to road haulage firms and can, therefore, not exclude that it distorts or threatens to distort competition.

As regards to the introduction of the toll system itself, the Commission was informed that the German Government will start a test phase on a voluntary basis for heavy goods vehicles using German motorways on 31 August 2003. The collection of the toll, however, will be postponed to 2 November 2003. In this connection, the Commission decided on 26 August 2003, together with the Federal Republic of Germany, to set up a working group in order to examine the remaining technical questions before the formal introduction of the toll. The Commission's aim is to make sure that the principle of free movement of goods will not be hampered and that the system fully respects the principle of non-discrimination. (2)

(1) OJ C 202, 27.8.2003.

(2) In particular Article 28 of the EC Treaty and Article 7 paragraph 4 and 5 of the 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 infrastructures, OJ L 187, 20.7.1999.