WRITTEN QUESTION No. 1156/97 by Markus FERBER to the Commission. Legality under EU law of the Austrian scheme for bus tolls in the urban area of Salzburg
Date: 1997-03-26
Institutions: European Parliament, FERBER
Subjects: Austria, EU law, bus, double taxation, equal treatment, toll, traffic control, traffic regulations, urban centre













EUR-Lex - 91997E1156 - EN






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91997E1156

WRITTEN QUESTION No. 1156/97 by Markus FERBER to the Commission. Legality under EU law of the Austrian scheme for bus tolls in the urban area of Salzburg  


Official Journal C 367 , 04/12/1997 P. 0089 





WRITTEN QUESTION E-1156/97 by Markus Ferber (PPE) to the Commission (26 March 1997)Subject: Legality under EU law of the Austrian scheme for bus tolls in the urban area of SalzburgThe city of Salzburg requires buses wishing to drive in the urban area to acquire a permit which is available at only two points on the motorway for a fee of ÖS 500. In order to drive on the motorway buses have to acquire a motorway vignette, with the result that they have to pay twice to drive in the urban area.1. Is this dual toll permissible under European law?2. Can the city of Salzburg be requested, pursuant to European law, to change its city regulations in such a way that transit routes for buses must be exempt from this licence fee if it is clear that buses do not wish to drive into Salzburg but simply want to drive between the border crossing points of Freilassing, Walserberg or Schwarzberg into the Land of Salzburg, Styria or Carinthia, without also wishing to use the motorway? Until now all Federal and regional roads in the vicinity of the border have led through the urban area of Salzburg and there are no corridors which do not require a fee to be paid.Answer given by Mr Kinnock on behalf of the Commission (22 May 1997)It is generally true that a fee must be paid to permit buses to enter the city of Salzburg. It is possible to obtain a permission in advance and there are two places where a bus driver is able to obtain such a permission immediately. One is located at the Salzburg-North exit of the A1 motorway (heading to Vienna). The second which is located at Alpenstraße in the South of Salzburg is not connected with a motorway. It is, however, readily accessible via the frontier crossing point Hangenden Stein/Marktschellenberg or other crossing points in the South.Given that no specific Community legislation exists governing the imposition of road charges on buses, payment of fees such as the one requested by the city of Salzburg could be regarded as a measure relating to traffic control, provided that it does not discriminate against drivers of non-Austrian buses registered in another Member State of the Community and it is proportionate.The Commission takes the view that payment of a fee for driving into the city of Salzburg is acceptable as a measure of traffic control, provided the regime in question is compatible with the basic principles of the EC Treaty and does not discriminate against holders of non-Austrian buses registered within the Community.If the destination of the bus is Land Salzburg, Kärnten or Steiermark there at least two frontier crossing points (Hangenden Stein in the South of the city on the way to the South of Austria and Laufen in the North of the city) where it is not necessary to drive through the city of Salzburg or to use a motorway.The Commission would like to draw the attention of the Honourable Member to the fact that the crossing point Walserberg, which he mentioned, is a motorway crossing point. This means that buses must have an Austrian motorway vignette if they cross the frontier at this point.