WRITTEN QUESTION P-1951/03 by Giacomo Santini (PPE-DE) to the Commission. Provisions banning traffic in Austria.
Date: 2003-06-05
Institutions: European Parliament, Provisional data
Subjects: Tyrol, commercial vehicle, free movement of goods, infringement procedure (EU), road transport, transit

C 78 E/58

Official Journal of the European Union

EN

27.3.2004

(2004/C 78 E/0057)

WRITTEN QUESTION E-1946/03

by Camilo Nogueira Román (Verts/ALE) to the Commission

(13 June 2003)

Subject: Investigations into subsidies paid by Spain to the Izar company and resumption of construction

work on merchant vessels at the Izar-Fene shipyards in Galicia

To what extent can the investigations undertaken by the Commission into alleged payments of subsidies by
the Spanish Government to the Izar group affect the legitimate complaints relating to resumption of
construction work on merchant vessels at the Izar-Fene (cid:1) formerly Astano (cid:1) shipyards in Galicia?

Answer given by Mr Monti on behalf of the Commission

(14 August 2003)

The Commission does not see any direct link between the investigation of possible subsidies paid by the
Spanish Government to the IZAR group and the prohibition of Fene shipyard to construct merchant ships.

The investigation of possible subsidies to IZAR is part of a state aid investigation covering the years after
2000. The prohibition of Fene shipyard to construct merchant ships was decided by the Commission (1) in
1997 as a condition for state aid supporting a major restructuring of the public Spanish shipyards.
Therefore, even though Fene shipyard is part of the group of public Spanish shipyards, the two issues are
not directly linked.

(1) OJ C 354, 21.11.1997.

(2004/C 78 E/0058)

WRITTEN QUESTION P-1951/03

by Giacomo Santini (PPE-DE) to the Commission

(5 June 2003)

Subject: Provisions banning traffic in Austria

The President of the Tyrolean regional government, Herwig van Staa, recently issued an astonishing ban on
the circulation of motor vehicles weighing more than 7,5 tonnes on a section of motorway between Kundl
and Ampass in Tyrol, in accordance with the following provisions:

(cid:1) from 1 June this year the ban on night traffic, which was in force during the winter, will be

reintroduced;

(cid:1) furthermore, from 1 August there will be a 24-hours-a-day ban on vehicles in certain sectors: waste,

scrap metal, cereals, timber, minerals, motor vehicles, steel and stone;

(cid:1) the ban will also affect the mining and transport of porphyry, which in the Alpine region is the sole
and irreplaceable source of income for thousands of families and hundreds of SMEs, which would
suffer incalculable damage.

Whilst one can understand the Tyrolean authorities’ reasons for the ban, it is only fair to remind them that
solutions of this kind contravene the provisions of the Treaty, in that they restrict the free movement of
goods within the single market.
is unacceptable that regional authorities should be allowed to
compromise a great deal of work which has already been done by adopting unilateral decisions outside the
sphere of Community rules.

It

27.3.2004

EN

Official Journal of the European Union

C 78 E/59

in view of the fact that the long-standing problem of eco-points applied unilaterally by
Furthermore,
Austria has been challenged by all the other Member States and is going to be abolished as a result of
European Parliament pressure, can the Commission say:

1. whether it does not consider, once again, that the Austrian Government and the Tyrolean regional
government are contravening the EU Treaty as regards rules concerning the free movement of goods
and persons;

2. what steps it intends to take to ensure the withdrawal of these unilateral decisions, which do not

correspond to Community law;

3. whether it does not consider that these repeated violations of the Treaty should be brought before the

Court of Justice in Luxembourg?

Answer given by Mrs de Palacio on behalf of the Commission

(8 August 2003)

The Commission services have looked into the ban on heavy goods vehicles carrying certain types of
goods on a section of the A 12 motorway between the Inntal and the Tyrol, as per the order adopted on
27 May by the Governor of the Tyrol. In the light of the explanations given by the Austrian authorities,
the Commission decided, on 24 June 2003, to instigate infringement proceedings against Austria on the
grounds that the traffic ban entering into force on 1 August 2003 represents a restriction upon the
freedom to provide road haulage services and an obstacle to the free movement of goods. In addition, the
measure seems excessive given its declared objective of improving ambient air quality. On 23 July 2003
the Commission decided to refer the matter to the Court of Justice with a request for an injunction. On
30 July 2003, the President of the Court of Justice issued an order to the effect that Austria should cease to
apply the legislation challenged by the Commission pending a ruling in the above proceedings.

The Commission is currently examining the proposal to extend the ban on night traffic to the whole year
to see whether it is compatible with Community law. It will decide in due course whether this too is a
matter for infringement proceedings.

(2004/C 78 E/0059)

WRITTEN QUESTION E-1953/03

by Lissy Gröner (PSE) to the Commission

(13 June 2003)

Subject: Unused EU funding in Bavaria totalling EUR 17 million for 2002

The German Bundesland Bavaria was unable to commit funding of EUR 17 million from the rural
development programme, provided under the 2002 EU budget, and returned it to Brussels.

1.

Has funding from the European Social Fund also been returned by Bavaria?

2. What are the sums involved?

3. What areas of assistance are affected?

Does the Commission have a summary of current projects under other Community programmes,

4.
such as Leader+?

5. What projects funded by these programmes are there for Bavaria?

Does the Commission have a summary of assistance provided under other Community programmes

6.
and projects, such as Daphne, or training programmes?