WRITTEN QUESTION No. 2504/96 by Bernd LANGE to the Commission. Draft law in Germany aimed at linking car tax rates more closely to pollution emission levels - compatibility with EU law
Date: 1996-09-23
Institutions: European Parliament, LANGE
Subjects: EU law - national law, Germany, air quality, environmental protection, environmental standard, motor vehicle, motor vehicle pollution, tax exemption, tax incentive, vehicle tax













EUR-Lex - 91996E2504 - EN






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91996E2504

WRITTEN QUESTION No. 2504/96 by Bernd LANGE to the Commission. Draft law in Germany aimed at linking car tax rates more closely to pollution emission levels - compatibility with EU law  


Official Journal C 083 , 14/03/1997 P. 0019 





WRITTEN QUESTION P-2504/96 by Bernd Lange (PSE) to the Commission (23 September 1996)Subject: Draft law in Germany aimed at linking car tax rates more closely to pollution emission levels - compatibility with EU lawA law is currently in preparation in Germany to link car tax rates more closely to pollution emission levels (KraftStÄndG 1997). Under this law the level of pollutants emitted would be taken into account in assessing car tax. The draft law graduates car tax rates in accordance with the EU limit values EURO I and EURO II but also introduces a category III of its own. At the same time, of course, the Commission's proposal for a EURO III category is currently being debated in the European Parliament.1. Is the Commission aware that Germany intends to introduce its own limit value comparable to EURO III?2. What is the Commission's view of this bill's compatibility with European law?3. Does the Commission regard it as sensible for a Member State to set its own limit values in a bill of this kind, which will become the basis and guideline for calculations by consumers and producers, only to have these values replaced shortly afterwards by the EURO III limit values?Answer given by Mr Bangemann on behalf of the Commission (28 November 1996)Germany notified the Commission on 19 June 1996 of its proposed vehicle tax incentives linked to environmental performance. Following the Commission's comments on 20 September 1996 and the discussion which ensued, Germany has modified the initial bill.The Commission basically agrees with Germany over the need to encourage the use of 'clean' vehicles in order to improve environmental protection. It is also aware of the problem of dates caused by the delay in drafting the proposals for future vehicle emission standards which the Commission adopted on 18 June 1996. ((Doc. COM(96) 248. )) Once it has been adopted by Parliament and the Council, the future Directive will provide the framework for the immediate future.Meanwhile, the Commission believes that a system of tax relief, such as that proposed by Germany, could pose a legal problem, in particular in relation to Article 3 of Directive 94/12/EC ((OJ L 100, 19.4.1994. )) on pollution by emissions from motor vehicles, which is currently in force. This problem may nevertheless be resolved in time if the future standards are adopted quickly. The Commission therefore intends to urge the Council and Parliament to expedite the adoption procedure now under way in order to minimize the time between the mandatory application of Directive 94/12/EC and the adoption of the future standards.The Commission hopes that the Honourable Member will be able to act, in his capacity as rapporteur for this question in the Parliamentary Committee on the Environment, in order to secure a rapid decision.