WRITTEN QUESTION E-1026/02

by Klaus-Heiner Lehne (PPE-DE) to the Commission

(15 April 2002)

Subject: Discrimination arising from the introduction of local environmental legislation in four Swedish cities

On 1 January 2002, four Swedish cities Stockholm, Malmö, Gothenburg and Lund have introduced new environmental legislation. The legislation applies to 3,5 tonnes diesel-engined vehicles, including foreign-registered vehicles. Vehicles with engines built to European standards do not fulfil the requirements of the new environmental legislation. As a result, their use in the four cities referred to is subject to restrictions. The owners of the vehicles are obliged to have fitted a filter which is available only in Sweden and which would nevertheless oblige them to run their vehicles on a special diesel fuel. The result in practice is that only local coaches and undertakings can drive and/or operate in these cities.

Does the European Commission take the view that the situation outlined above constitutes a breach of EC Treaty rules, especially the provisions relating to fundamental freedoms?

What will the Commission do if it accepts that the situation outlined above constitutes a breach of EC Treaty rules?

Supplementary answergiven by Mr Bolkestein on behalf of the Commission

(11 December 2002)

Following the question of the Honourable Member, the Commission sent an administrative letter to the Swedish authorities to request more detailed information regarding the matter. The Swedish authorities have recently answered the Commission's letter and presented the new environmental legislation.

According to the new Swedish provisions adopted by the municipalities in Stockholm, Gothenburg, Malmö and Lund, heavy duty vehicles (gross vehicle weight of more than 3,5 tonnes) which are equipped with a diesel engine and are more than eight years old cannot enter specified environmental zones in these cities.

However, such vehicles may qualify for exemption from this ban if:

- they have extra low emissions;

- they are equipped with an approved after-treatment device (even if they have special bodywork); or

- the engine has been appropriately modified.

According to the Swedish authorities the provisions are technically neutral in that they do not require any particular technical procedure or device to be used. There are no requirements as to which type of diesel fuel is to be used.

The aim of the provisions is stated to be the protection of human health and the improvement of environmental conditions in particularly sensitive and densely populated areas. Further, the Swedish authorities maintain that the provisions are important measures in implementing Council Directive 1999/30/EC(1) and that they reinforce the effect of the use of certain engines which have type-approval according to Council Directive 88/77/EEC(2) (amended by Directive 1999/96/EC)(3).

The reply from the Swedish authorities is currently being examined by the relevant Commission services. If the ongoing assessment leads to the conclusion that an infringement to the Community law has occurred, the Commission would, of course, take all the appropriate steps.

(1) Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulfur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air OJ L 163, 29.6.1999.

(2) Council Directive 88/77/EEC of 3 December 1987 on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles OJ L 36, 9.2.1988.

(3) Directive 1999/96/EC of the Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC OJ L 44, 16.2.2000.