WRITTEN QUESTION E-2549/03 by Michl Ebner (PPE-DE) to the Commission. Differentiated toll — eco-sensitive areas.
Date: 2003-08-04
Institutions: European Parliament, Provisional data
Subjects: environmental protection, environmental tax, road transport, sensitive area, toll

C 65 E/174

Official Journal of the European Union

EN

13.3.2004

the rules or their
producers paid lower handling fees than importers or if any other aspect of
implementation had a discriminatory effect in the sense of Article 28 of the EC Treaty. Even if the
measure contravened Article 28 of the EC Treaty, it could, under certain conditions, be justified by the
Swedish authorities under Article 30 of the EC Treaty or the mandatory requirements identified by the
European Court of Justice. The information provided in the written question does not allow a full legal
analysis of the national measure in the light of Articles 28 and 30 of the EC Treaty. Therefore, the
Commission will investigate this matter. The Honourable Member is invited to provide any additional
evidence in his possession.

As regards the Swedish proposal that would provide penalties for shop-owners that sell bottles outside the
deposit scheme, the Commission would need further information in order to evaluate it under Community
law. Criminal penalties discriminating against imported goods are normally considered to be contrary to
Article 28 of the EC Treaty. It is also noticeable that before its final adoption, the Swedish authorities are
under the obligation of notifying any such measure under Directive 98/34/EC of the Parliament and of the
Council of 22 June 1998 laying down a procedure for the provision of information in the field of
technical standards and regulations (2) as amended.

(1) OJ L 365, 31.12.1994.
(2) OJ L 204, 21.7.1998.

(2004/C 65 E/191)

WRITTEN QUESTION E-2549/03

by Michl Ebner (PPE-DE) to the Commission

(4 August 2003)

Subject: Differentiated toll (cid:1) eco-sensitive areas

There is an urgent need to designate eco-sensitive areas in Europe taking account of features related to the
countryside, agriculture, ecology, archaeology, art history and the economy, whilst preserving a free
market and bearing in mind the transport regulations put forward in the White Paper of 12 September
2001 (1).

An increased road-use charge should be introduced in these eco-sensitive areas of EUR 1 per kilometre
travelled for each lorry of 3,5 t and over. The revenue should be used specifically to promote alternative
forms of transport (rail, etc.), and for environmental protection and nature conservation in the area
concerned.

At present, Italy charges around 10 cent per kilometre travelled for each lorry of 3,5 t and over.

Germany is to charge around 15 cent per kilometre travelled for each lorry of 12 t and over from 2004
onwards.

Austria is to charge around 12 cent per kilometre travelled for each lorry of 3,5 t and over from 2004
onwards.

A special tariff of EUR 2,4 per lorry and kilometre travelled (known as the Brenner toll) is charged in
Austria on the section between Innsbruck and the Brenner (a distance of 34,5 km) for lorries with more
than three axles.

Can the Commission give a specific statement of its position on this proposal?

(1) COM(2001) 370 final.

13.3.2004

EN

Official Journal of the European Union

C 65 E/175

Answer given by Mrs de Palacio on behalf of the Commission

(17 September 2003)

On 23 July 2003 the Commission adopted the proposal (1) for the modification of Directive 1999/62/
EC (2). It provides a framework that will enable Member States, with due regard for the subsidiarity
principle, to give economic incentives to transport in the form of a price structure that better reflects the
costs to society. It is not so much the level of charges on transport as the structure of the charges and the
manner in which they are applied to the various categories of users that need to change.

The proposed framework covers the trans-European road network and any other road to which traffic may
be diverted from the trans-European road network and which is in direct competition with certain parts of
that network. Such traffic diversion has serious consequences in terms of traffic regulation and congestion,
not to mention accidents; it was therefore appropriate to include them in the scope of the Community
Directive. In accordance with the principle of subsidiarity, the Member States remain free to apply tolls on
roads not covered by the proposal for a Directive, provided they comply with the rules and principles laid
down in the EC Treaty.

The existing legislation links charges only approximately to damage to infrastructure, congestion or
accident risks. The proposed Directive, therefore, gives Member States the possibility of varying tolls
according to a number of factors: distance travelled; the damage caused to roads according to the type of
vehicle; the environmental impact in terms of the EURO emission standards for heavy goods vehicles; the
time of day; and the level of congestion on the road concerned. Whereas the existing Community rules
apply only to heavy goods vehicles of at least 12 tonnes, the system proposed by the Commission would
apply to all lorries exceeding 3,5 tonnes used for goods transport.

The revenue from infrastructure charges should be used for the benefit of the transport sector. In certain
cases, there should be scope for cross-financing of infrastructure providing an alternative to road transport.
To that end, the Commission’s proposal lays down that the revenue from the charging system must be
ploughed back into the road infrastructure concerned for its maintenance and into the transport sector as a
whole, taking due account of the balanced development of the transport networks.

The proposal for a Directive allows the Member States to apply mark-ups to tolls for using roads in
particularly sensitive areas, notably mountainous regions. Such mark-ups will be used to cross-finance the
investment costs of other transport infrastructures of a high European interest. The construction of such
infrastructure is increasingly necessary in view of the density and growth of traffic in such regions.

In parallel to the work on infrastructure charging, the Commission is conducting a study on the topic of
sensitive areas and transport. The study should be finished by the end of 2003. The Commission will
publish the results at that time and consider how to follow up on them.

(1) COM(2003) 448 final.
(2) 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, OJ L 187, 20.7.1999.

(2004/C 65 E/192)

WRITTEN QUESTION E-2554/03

by Marco Cappato (NI) to the Commission

(4 August 2003)

Subject: The Tunisian journalist Abdallah Zouari

The court in the Tunisian town of Zarzis sentenced the journalist Abdallah Zouari to four months in
prison on 18 July 2003. The court held that the journalist’s complaint about being barred from using a
cybercafe amounted to ‘defamation’ against the manageress of the cafe.