WRITTEN QUESTION E-2772/00

by Emilia Müller (PPE-DE) to the Commission

(1 September 2000)

Subject: Eco-point quota for goods transport through Austria

1. How does the Commission intend to respond to the accusation that a 35 % reduction in the eco-point quota available in the Federal Republic of Germany until 2003 is entirely out of proportion to the fact that the number of shipments authorised in 1999 was exceeded by 6 %?

2. Is the Commission prepared to acknowledge that the 35 % reduction in the eco-point quota will destroy many jobs in the production and transport sectors in the Federal Republic, and what action does it plan to take to prevent this?

3. Is the Commission prepared to take account of the fact that, for whatever reasons, the railways are currently not able to make the contribution to transit traffic through Austria earmarked for them in the accession treaty, and are certainly not in a position to cover for the road shipments which will be lost as a result of the reduction in eco-points?

4. What is the Commission's response to the accusation that the reduction in the eco-point quota is not consistent with the priority objective of free movement of goods and services laid down in the EEC Treaty and Austria's accession treaty?

5. How does the Commission assess the prospects for the many actions likely to be brought before the European Court of Justice, since there is no legal basis in Austria's accession treaty for the disparities in cuts between individual Member States?

Answer given by Mme de Palacio on behalf of the Commission

(26 September 2000)

1. and 2. The Commission does not share the Honourable Member's estimate of the size of cut that is proposed for the ecopoint quota for Germany. The Commission proposal would see a reduction in Germany's quota of 735 466 ecopoints spread over 3,5 years, which is equivalent to a 5 % reduction. Whilst any reduction may have some negative consequences, the Commission does not accept that a reduction of this size will destroy many jobs in the production and transport sectors in Germany.

The proposed reduction in ecopoints is due to the number of transit journeys by lorries through Austria in 1999 exceeding a pre-determined limit by some 100,000 trips. Since the proposed reduction in ecopoints is equivalent to some 350 000 trips the Commission does agree with the Honourable Member that the reduction is disproportionate. However, the Commission is legally obliged to bring forward such a proposal under the methodology laid down in Protocol No 9 of the Treaty of Accession of Austria(1). The Honourable Member is reminded that this methodology was unanimously agreed by the Member States when they ratified the Treaty.

3. It is hoped that some of the reduction in ecopoints will be offset by greater rail freight movements across Austria. In addition Member States lorries should from 2001 have the opportunity to make up to 300,000 transit trips by 40 tonne lorries through Switzerland, as well as unlimited journeys at up to 34 tonnes.

4. The reason why the ecopoint system is covered by a Protocol of the Accession Treaty is precisely in order to allow for a derogation from the objectives of free movement of goods and services within the single market.

5. The Accession Treaty lays down no rules about how any cut shall be borne by the Member States. This does not, however, mean that the cut must be borne equally by all Member States. Rather the Commission has made a proposal that applies the cut objectively to those Member States whose hauliers caused the reduction mechanism to be actuated. On this basis the Commission does not rate highly the prospects of successful actions on this element of the proposal.

(1) OJ C 241, 29.8.1994, p. 361.