WRITTEN QUESTION E-3317/02

by Jan Mulder (ELDR)and Herman Vermeer (ELDR) to the Commission

(22 November 2002)

Subject: Lawfulness of a ban on vehicle movements at night in Austria

Is the Commission aware of the ban on movements at night between 10 p.m. and 5 a.m. between 1 October and 1 April which the Austrian Government recently introduced for goods vehicles of more than 7,5 tonnes on the A12 between Kundl (at kilometre 20,369 near Wörgl) and Ampass (at kilometre 86,780 near Innsbruck)?

Austria says that it has taken the measure to reduce the strain on the environment along that route. Accordingly, movements by vehicles with a NOX discharge level below 3,5 g/kWh are exempted from the measure. The transport of highly perishable foodstuffs and periodicals such as newspapers plus emergency shipments of medicines are also exempted from the scope of the measure. Exemptions for flowers and ornamental plant products, which are usually also perishable, cannot be expected from the Austrian Government.

As a result of the measure, serious economic damage is being done to the ornamental plant sector as a whole, since products are arriving late at their destinations. A typical feature of the sector is the fact that, if the transport chain is interfered with or slowed down, there is a quantifiable impact on product quality and, hence, on prices obtained.

To what extent is this Austrian measure affecting the trans-European network compatible at all with European law and the principle of free movement of goods it lays down? The measure would furthermore appear to discriminate against non-Austrian hauliers' transit movements.

Is the Commission of the opinion that the introduction of this measure may distort competition between Austrian ornamental plant exporters and ornamental plant exporters in other Member States, given that products grown in Austria can reach the market the next day while, because of the new arrangements, non-Austrian exporters need at least one more day?

Is the Commission prepared to inform the Austrian authorities of its answer to this question and, possibly, take further action?

Answer given by Mrs de Palacio on behalf of the Commission

(8 January 2003)

The Commission is aware of the problem the Honourable Members have raised regarding the ban on night movements of heavy goods vehicles on the Inntal motorway in Austria between Kundl and Ampass.

In 1998, the Commission submitted a proposal for a Directive of the European Parliament and of the Council(1) on a transparent system of harmonised rules for restrictions on heavy goods vehicles involved in international transport on the trans-European network (TEN). As the text was not adopted, the Commission presented an amended proposal in November 2000(2) which Parliament approved in July 2002. On that occasion, the Commission accepted most of the amendments adopted by Parliament at first reading, including the exemption of the transport of flowers and horticultural products from the scope of the Directive. An amended proposal is currently being drafted.

Accordingly, as the legislation has not yet been adopted and there are no harmonised common rules regarding restrictions on the movement of heavy goods vehicles involved in international transport, measures such as that adopted by the President of Tyrol can be examined only against the general principles of Community law and other specific provisions which may apply. The Commission will therefore assess this measure against the criteria of non-discrimination, proportionality, the free movement of goods and any common environmental rules which may apply. The application of these criteria should prevent any form of discrimination, including that referred to in the written question.

(1) COM(98) 115 final, OJ C 198, 24.6.1998.

(2) COM(2000) 759 final, OJ C 120 E, 24.4.2001.