Opinion of the Economic and Social Committee on the "Proposal for a Regulation of the European Parliament and of the Council establishing an ecopoint system applicable to heavy goods vehicles travelling through Austria for the year 2004" (COM(2001) 807 final — 2001/0310 (COD))
Date: 2002-05-30
Institutions: European Economic and Social Committee
Subjects: Austria, Union transit, carriage of goods, combustion gases, environmental protection, regional transport, tradeable emission permit

C 221/84

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Official Journal of the European Communities

17.9.2002

Opinion of the Economic and Social Committee on the ‘Proposal for a Regulation of the European
Parliament and of the Council establishing an ecopoint system applicable to heavy goods vehicles
travelling through Austria for the year 2004’

(COM(2001) 807 final — 2001/0310 (COD))

(2002/C 221/19)

On 30 January 2002, the Council decided to consult the Economic and Social Committee, in accordance
with Article 71 of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Transport, Energy, Infrastructure and the Information Society, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 30 April 2002. The rapporteur
was Mr Kielman.

At its 391st plenary session, held on 29 and 30 May 2002, (meeting of 30 May), the Economic and Social
Committee adopted the following opinion by 81 votes to 19, with 10 abstentions:

1.

Introduction

1.1.
An agreement between the European Economic Com-
munity and the Republic of Austria concerning the transit of
goods by rail and by road was signed on 2 May 1992; upon
the accession of Austria to the EU, these provisions were
incorporated into EU law. The ecopoint system which expires
on 31 December 2003 was laid down in the above agreement.

1.2.
The aim of the ecopoint system is to secure over the
12-year life span of the system (1992-2003) a 60 % reduction
in NOX emissions from lorries with a maximum authorised
weight of more than 7.5 tonnes, used for the transit of goods
by road through Austria.

This measure is deemed necessary by the Commission
1.7.
pending the adoption of the framework proposal on charging
for the use of infrastructure, as set out in the White Paper on
European Transport Policy for 2010.

1.8.
Should the framework proposal not be adopted, the
proposal under review makes provision for a possible exten-
sion in 2004 for one year (2005) and thereafter a second year,
at most (2006). In the Commission’s view, there are legal
grounds for this action.

In Annex 1 to the proposal, the total number of
1.9.
ecopoints for the EU-15 for 2004 is set at 9 422 488, the
same figure as for 2003.

1.3.
The system could have expired on 31 December 2000
if, by that date, NOX emissions had actually been cut by 60 %
compared with the reference year, 1991.

2. General comments

1.4.
However, analyses showed that by the end of 2000 the
reduction had been 55 % rather than 60 %. The ecopoint
system will thus remain in force until 31 December 2003.

1.5.
A ceiling was also set on the actual number of transit
journeys. The number of journeys by vehicles from EU Member
States in any given year was not to exceed 108 % of the
number for the reference year of 1991.

1.6.
In view of the fact that the ecopoint system remains in
force up to 31 December 2003, the Laeken European Council
of 14 and 15 December 2001 called,
in point 58 of the
Presidency Conclusions, for the system to be extended as a
temporary solution. The European Commission takes the view
that such an extension furthers the goal of protecting the
environment in vulnerable areas such as the Alpine region.

2.1.
The ESC believes that the reasons for the Commission’s
proposal can be ascribed to the need to take account of, on
the one hand, the requirements in respect of the freedom of
movements for goods and services — one of
the four
basic freedoms — and, on the other hand, concern for
environmental protection in vulnerable areas, such as the
Alpine region.

2.2.
The ESC believes that this latter concern was one of
the contributory factors behind the establishment of the
ecopoint system in 1992, under which less-polluting lorries
are charged fewer ecopoints than more polluting vehicles.

The ESC highlights the fact that the ecopoint system
2.3.
applies only to road transit traffic through Austria. No such
system applies to other forms of transport.

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2.4.
The ESC also believes that not only environmental
factors, but also socio-economic issues, are important in
assessing the Commission proposal. It should therefore be
borne in mind that there are still no suitable alternatives, above
all qualitatively speaking, to transit traffic through Austria,
even though Protocol 9 stipulates that the Community and the
Member States concerned are to adopt measures to promote
rail and combined transport. In this respect, the Committee
suggests that the Commission promote consideration of the
appropriate measures to boost demand for this type of
transport, and strongly urge all the national governments to
boost combined rail transport, especially in the areas of
infrastructure and locomotives.

3.2.
The ESC assumes that the number of ecopoints avail-
able for 2004 will be allocated between the Member States in
accordance with the same criteria which were applied when
the system was introduced in 1992, namely the number of
transit journeys actually made in 1991.

3.3.
The ESC takes the view that every effort must be made
to provide as soon as possible an adequate number of high-
quality rail links for road transit traffic, so that really affordable
alternative transport options are available.

2.5.
In the proposal for a regulation the ESC sees the trade-
off between free movement of goods and services on the one
hand, and environmental protection on the other, as the basis
for ensuring quality of life. The ESC therefore accepts as a
compromise the Commission’s decision not to set a limit in its
proposal on the number of actual transit journeys that can be
made from 1 January 2004. The ceiling set in 1992 of 108 %
of the number of transit journeys made in 1992 has been
perceived in the past few years by the transport sector as
restrictive and unjustified, because more and more less-
polluting lorries are being used. The ESC also notes that the
title of the Proposal for a Regulation refers to the establishment
of an ecopoint system for the year 2004 only. The ESC
therefore takes the view that the provisions of Article 3(3)
should be deleted as the adoption or failure to adopt the
framework proposal on charging for the use of infrastructure
mentioned in Article 3(3) cannot seriously be regarded as
providing a legal basis for an automatic extension of the
ecopoint system after 2004. Subsequent extensions will have
to be decided upon individually and only on the basis of
specific proposals put forward by the Commission.

3.4.
The Committee believes that in future Commission
studies, account should be taken of economic, competition-
related and operational factors arising from the need to make
the south-north and west-east flow of goods as smooth as
possible.

3.5.
The ESC also feels it is very important in this context
to develop a coherent and consistent transport policy for
vulnerable regions, such as the Alpine region, although the
the countries in question means that
interdependence of
measures cannot be taken unilaterally, so as to prevent detours,
for example.

3.6.
In this connection, the ESC supports more favourable
treatment for less-polluting vehicles compared with the more-
polluting types. This should apply both in respect of the
number of ecopoints charged per journey and of taxation.

Thus for example a system could be developed at European
level to protect vulnerable regions, whereby the environmental
impact of the transport mode would affect the choice of mode
more than is currently the case.

The ESC also wishes to point to the situation that will
2.6.
arise if new Member States accede before the ecopoint system
expires. In that case, separate arrangements will have to be
made for transit traffic.

4. Summary and conclusions

3. Specific comments

4.1.
The ESC believes that the Proposal for a Regulation
establishing an Ecopoint System applicable to heavy goods
vehicles travelling through Austria for the year 2004 as put
forward by the Commission, is open to question.

3.1.
The ESC believes that the number of ecopoints for
2004 set out in Annex 1 of the Commission’s proposal
— 9 422 488 for the EU-15, the same number of points as for
2003 — is restrictive, although it does constitute a reasonable
starting point, in the light of the Commission’s proposal.

4.2.
The proposal should be seen as a temporary solution,
applicable to the year 2004 only, pending adoption of the
framework for infrastructure charging provided for in the
White Paper on European Transport Policy for 2010 and
subject to the deletion of Article 3(3), as there is no serious
legal basis for this latter provision.

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The ESC wishes to make the following comments on

4.3.
various points of the Commission proposal:

considered by the ESC to represent an acceptable compro-
mise;

— in the short term a real effort must be made to meet the
commitment to provide an adequate number of high-
quality rail transit routes for carriage of goods;

— the provision of the same number of ecopoints for the
15 EU Member States as in 2003, with the same
distribution of ecopoints between the Member States as
is
hitherto and non-application of the 108 % rule,

— the ESC points out that less-polluting goods vehicles
should also benefit from more favourable tax treatment
than more-polluting vehicles;

— to protect vulnerable regions in Europe, the ESC thinks it
is important to develop a system at European level
whereby the environmental
the mode of
transport affects the choice of transport mode more than
is currently the case.

impact of

Brussels, 30 May 2002.

The President

of the Economic and Social Committee

Göke FRERICHS

APPENDIX

to the Opinion of the Economic and Social Committee

The following amendments, which were supported by at least a quarter of the votes cast, were rejected when put to
the vote:

Point 2.5

Delete the final three sentences of this point:

‘from “The ESC also notes that the title of the Proposal for a Regulation ...” to “on the basis of specific proposals put
forward by the Commission”.’

Result of the vote

For: 37, against: 41, abstentions: 11.

Point 4.1

Replace the existing text of point 4.1 by the following:

‘The ESC believes that the Proposal for a Regulation establishing an ecopoint system applicable to heavy goods
vehicles travelling through Austria for the year 2004, as put forward by the Commission, is a controversial but
nonetheless acceptable proposal.’

Result of the vote

For: 30, against: 47, abstentions: 13.

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Point 4.4, 3rd indent

Add the following:

‘... more polluting vehicles; by way of example, the ecopoint system could be confined to vehicles belonging to
categories EURO 0, I and II, whilst vehicles belonging to categories EURO III and above could be exempted from the
system in order to encourage their use.’

Result of the vote

For: 45, against: 59, abstentions: 8.

Opinion of the Economic and Social Committee on the ‘Communication from the Commission
to the European Parliament, the Council, the Economic and Social Committee and the Committee
of the Regions — Towards a global partnership for sustainable development’

(COM(2002) 82 final)

(2002/C 221/20)

On 14 February 2002 the Commission decided to consult the Economic and Social Committee, under
Article 262 of the Treaty establishing the European Community, on the above-mentioned communication.

The Sub-committee on Towards a global partnership for sustainable development, which was responsible
for preparing the Committee’s work on the subject, adopted its opinion on 15 May 2002. The rapporteur
was Mr Ehnmark.

At its 391st plenary session of 29 and 30 May 2002 (meeting of 30 May 2002) the Committee adopted
the following opinion by 85 votes, with 1 abstention.

Summary

Two years later, however, it is necessary to recognize that the
Declaration so far mainly has been a success verbally. The calls
for solidarity have not materialized in action for develop-
ment (1).

1)
The Earth Summit in 1992 raised high expectations that
a new global coordinated effort was under way in support
of
the developing countries and regions. With elaborate
preparatory work and the emergence of broad consensus in its
resolutions and recommendations, the Earth Summit gave
every sign of being a milestone in the global pursuit of
progress, welfare and safety. Ten years later, however, it is
necessary to recognize that the Earth Summit was a success
verbally but not operationally. The calls for solidarity in action
for development have not materialized.

2)
The United Nations Millennium Declaration, adopted in
September 2000, set out a new global platform for progress
and welfare with eight fundamental goals (see footnote). An
ambitious timetable was set
for seven of the goals. The
Millennium Declaration raised new and high expectations that
now a new global effort was under way in support of
development and welfare.

(1) The 8 Millennium Goals are the following:

— Eradicate extreme poverty and hunger; halve between
1990 and 2015, the proportion of people with incomes
below US dollar 1 per day;

— Attain universal primary education by 2015;
— Promote gender equality and empower women;
— Reduce child mortality;
— Improve maternal health;
— Combat HIV/AIDS, malaria and other diseases;
— Ensure environmental sustainability;
— Develop a global partnership for development.