WRITTEN QUESTION E-3810/00 by Neil MacCormick (Verts/ALE) to the Commission. Bridge tolls and freedom of movement.
Date: 2000-12-07
Institutions: European Parliament, Provisional data
Subjects: Scotland, United Kingdom, application of EU law, engineering structure, island region, toll

19.6.2001

EN

Official Journal of the European Communities

C 174 E/151

Day-to-day enforcement of Community legislation is the responsibility of Member States. The Commission
undertakes on-the-spot checks in Member States to ensure that competent authorities apply Community
legislation in an effective and uniform manner.

It should be mentioned that the Commission has opened infringement proceedings against some Member
States in relation to their failure to implement Community legislation in this field.

In addition the Commission has recently adopted a report (3) on the experience acquired by Member States
on the application of the Directive. The document is submitted to the Council and to the Parliament.

The Commission(cid:146)s report
the legislation by national
finds major shortcomings in enforcement of
authorities. Member States should allocate in the near future adequate resources in order to apply the
current legislation more efficiently.

Following the outcome of the report the Commission will start to review the current legislation. In
preparing its prooposals the Commission is likely to consider different aspects and in particular the rapid
adoption of additional measures for the protection of horses.

(1) OJ L 340, 11.12.1991.
(2) OJ L 148, 30.6.1995.
(3) Report from the Commission to the Council and the Parliament on the experience acquired by Member States since
the implementation of Council Directive 95/29/EC amending Directive 91/628/EEC concerning the protection of
animals during transport (cid:129) COM(2000) 809 final.

(2001/C 174 E/156)

WRITTEN QUESTION E-3810/00

by Neil MacCormick (Verts/ALE) to the Commission

(7 December 2000)

Subject: Bridge tolls and freedom of movement

Having regard to the issue of the free movement of goods and labour throughout the Union, does the
Commission have a view on the charging of tolls on bridges linking an island such as Skye (in the Scottish
Hebrides) to the European transport network? What requirements as to proportionality have a bearing on
the lawfulness of tolls charged?

Answer given by Mrs de Palacio on behalf of the Commission

(23 January 2001)

The application of tolls on bridges (especially for heavy goods vehicles) is subject to the provisions of
Directive 1999/62/EC of the Parliament and of the Council of 17 June 1999 on the charging of heavy
goods vehicles for the use of certain infrastructures (1). Article 7.9 stipulates that the level of the tolls has to
be related to and must not exceed the costs of constructing, operating and developing the infrastructure
concerned.

There are no Community rules that specify the proportionality of tolls in relation to regional or social
policy objectives. Member States are free to specify public service requirements and possibly compensate
unprofitable passenger services on the basis of Regulation (EEC) No 1191/69 of the Council of 26 June
1969 on action by Member States concerning the obligations inherent in the concept of a public service in
transport by rail, road and inland waterway (2) as amended by Council Regulation (EEC) No 1893/91 of
20 June 1991 (3).

Finally, the Community concept of free movement of goods and persons relates rather to the free
movement between Member States and the abolition of discrimination based on nationality. Bridge and
motorway tolls are not in contradiction with this principle.

(1) OJ L 187, 20.7.1999.
(2) OJ L 156, 28.6.1969.
(3) OJ L 169, 29.6.1991.