WRITTEN QUESTION No. 2326/98 by Franz LINSER to the Commission. Brenner toll 1
Date: 1998-07-22
Institutions: European Parliament, LINSER
Subjects: Austria, carriage of goods, charges for use of infrastructure, commercial vehicle, complaint to the Commission, motorway, road transport, toll, transport price, vehicle tax

C 135/42

Official Journal of the European Communities

EN

14.5.1999

Answer given by Mr Monti on behalf of the Commission

(23 October 1998)

The Commission has always taken the view that the abolition of controls on persons and goods at internal
frontiers as provided for by Article 7a of the EC Treaty concerns only the elimination of frontier controls,
in other words controls which are carried out in connection with or on the occasion of the crossing of an
internal frontier. On the other hand, checks carried out by Member States or by carriers during
embarkation on aircraft or ships with a view to ensuring the safety and security of individuals and
property during transport should not be affected by the creation of an area without internal frontiers. Such
checks are carried out at airports regardless of whether the flight is domestic, intra-Community or
international.

Article 1(2) of Council Regulation (EEC) 3925/91 of 19 December 1991 concerning the elimination of
controls and formalities applicable to the cabin and hold baggage of persons taking an intra-Community
flight and the baggage of persons making an intra-Community sea crossing (1) thus provides that ‘this
Regulation shall apply without prejudice to the safety and security checks carried out on baggage by the
authorities of the Member States, port or airport authorities or carriers’. In its proposal for a Council
Directive on the elimination of controls on persons crossing internal frontiers (2), the Commission has
followed the same approach.

The Commission does not have any evidence suggesting that the creation of a frontier-free area has led to
lower standards of safety and security in air or sea transport.

(1) OJ L 374, 31.12.1991.
(2) OJ C 289, 31.10.1995.

(1999/C 135/048)

WRITTEN QUESTION E-2326/98

by Franz Linser (NI) to the Commission

(22 July 1998)

Subject: Brenner toll 1

The Austrian Federal Government plans to submit to the Commission two compromise proposals on toll
charges for the Brenner motorway which are intended to persuade the Commission to withdraw the
complaint against Austria in the European Court of Justice.

1.
Is Variant 1, which provides that for each lorry journey on the Lower Inn Valley motorway a toll of
ATS 150 is to be levied, with this sum then being deducted from the current Brenner toll, suitable to
persuade the Commission to withdraw its complaint against Austria?

Is Variant 2, under which the current Brenner toll will be reduced by ATS 80 to ATS 1070 suitable to

2.
persuade the Commission to withdraw its complaint against Austria?

(1999/C 135/049)

WRITTEN QUESTION E-2327/98

by Franz Linser (NI) to the Commission

(22 July 1998)

Subject: Brenner toll 2

The Commission has brought a complaint in the European Court of Justice for infringement of the road
pricing directive because of tolls imposed on the Brenner motorway.