EN Official Journal of the European Union CE 78/169

(2004/C 78 E/0173)

WRITTEN QUESTION E-2802/03

by Pedro Marset Campos (GUE/NGL) to the Commission

(19 September 2003)

Subject: Special tolls in France and Germany for the transport of goods by road

The announcement that the French and German authorities will shortly impose special tolls for lorries travelling through those countries on the motorways is likely to cause justified alarm in the Murcia region (Spain), particularly in the farming industry, since it might have adverse effects on the transport of fruit and vegetables from Murcia to various EU countries.

1. Is the Commission aware of this situation?

2. Does the Commission not consider it appropriate to demand that this measure should not be implemented, given that the charges are discriminatory and damaging?

3. Does the Commission take the view that these French and German measures may violate the free movement and transport of goods in the EU?

4. Does the Commission not believe that, if they were to be implemented, these measures would be most damaging for the most outlying European regions, such as the Murcia region which remains an Objective 1 region? Does this measure not represent flagrant discrimination among regions?

5. Does the Commission not believe that, at a time of economic recession in the euro zone, these measures would damage economic recovery in a key sector such as the transport of goods by road?

Answer given by Mrs de Palacio on behalf of the Commission

(31 October 2003)

Member States have the right to maintain or introduce tolls and user-charges on lorries of 12 tonnes and above, provided they comply with the provisions contained in Directive 1999/62/EC (1) of the Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures.

As long as Member States fulfil the requirements of the Directive, concerning in particular non-discrimination, free flow of traffic and appropriate toll levels that are related to the cost of construction, operation and development of the network concerned, they are in line with Community legislation.

As far as Germany is concerned, the Commission is still examining the envisaged toll system. The Commission has to assess if the notified measure of the introduction of a distance-based motorway user charge for heavy goods vehicles accompanied by a reimbursement system based on the purchase of fuel in Germany 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 (2). 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.

In France there are no plans for a change for the moment, but the Commission will look at the case to ensure the respect of these same principles, if such a development takes place.

(1) OJ L 187, 20.7.1999.

(2) OJ C 202, 27.8.2003.