WRITTEN QUESTION E-2750/03 by Jan Dhaene (PSE) to the Commission. Cycles as accompanied baggage on international trains.
Date: 2003-09-15
Institutions: European Parliament, Provisional data
Subjects: consumer protection, international transport, organisation of transport, rail transport, trans-European network, transport user, two-wheeled vehicle

C 65 E/206

Official Journal of the European Union

EN

13.3.2004

Answer given by Mr Vitorino on behalf of the Commission

(20 October 2003)

The Commission is not aware of the facts referred to by the Honorable Member. Since it does not have the
information to carry out the necessary investigation into the problem raised, it regrets that it is at present
unable to answer the question.

(2004/C 65 E/222)

WRITTEN QUESTION E-2749/03

by Jan Dhaene (PSE) to the Commission

(15 September 2003)

Subject: Refund of the German HGV toll (LKW-Maut) by the government of the Flemish Region

The government of the Flemish Region plans to provide compensation for lorry drivers operating in
Germany by refunding them part of the cost of the Eurovignette. Lorry drivers who can prove that they
have driven for at least 30 days or at least 60 days on the German road network are refunded 1/12 or
2/12 of the cost of the Eurovignette respectively. This refund is in addition to the existing rules under
which to 2/12 of the Eurovignette costs are refunded. In practice this will therefore mean that some
Flemish road haulage operators recover one-third of the cost of the Eurovignette. Furthermore, the Belgian
Federation of Road Haulage Operators, FBETRA, is advising its members to pass on the cost of the HGV
toll to their clients.

Does the refund of part of the cost of the Eurovignette by the Flemish Region comply with European law?

Does this refund create a precedent? In other words, can Member States refund environmental taxes levied
in other Member States to35 300 private individuals or legal entities?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 2003)

The Commission has no information regarding a plan by the Flemish Region to reimburse part of the
charges paid by consignors who use German motorways.

In principle, the Commission needs detailed information before it can comment on the admissibility of
reimbursing road user charges in a Member State. Such a measure is in any event liable to constitute State
aid within the meaning of Article 87 of the EC Treaty, given that a measure of this kind involving a
transfer of public resources and conferring an advantage upon certain undertakings may threaten to distort
competition and affect trade between Member States. All Member States must notify the Commission in
advance of any new aid, and the Commission will, as appropriate, assess the aid’s compatibility with the
internal market.

(2004/C 65 E/223)

WRITTEN QUESTION E-2750/03

by Jan Dhaene (PSE) to the Commission

(15 September 2003)

Subject: Cycles as accompanied baggage on international trains

During my holidays I experienced problems taking my bicycle with me on international trains and TGVs.
On a large number of international trains passengers are no longer authorised to travel with a bicycle.
Some of these routes are even co-funded by the EU under the TENs-T programme.

13.3.2004

EN

Official Journal of the European Union

C 65 E/207

Does the Commission intend to change the rules on intermodality and the carriage of cycles on trains in
the TEN network

The Commission is currently working with passenger rail transport providers on a charter of passengers’
rights. Does this measure also include the carriage of cycles?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 2003)

The Commission has no plans to include conditions in its decisions or its proposal for the Trans-European
Networks (TEN) guidelines requiring train operators to allow transport of bikes on international train
services, since these financing decisions refer to rail infrastructure investments and do not deal with the
services to be operated on the TEN network.

The Community of European Railways has developed a Charter on Passenger services, which it has
discussed with the representative organisations of consumers and passengers. This Charter, however, only
addresses the issue of the availability of information on the accessibility of trains for bikes, as well as
information on other modes of transport. According to its Workprogramme 2003, the Commission
prepares a Regulation dealing with passengers’ rights and obligations on international rail services, which
address several
issues, amongst which the obligation for railway undertakings to provide pre-trip
information, such as the accessibility of trains for bicycles.

(2004/C 65 E/224)

WRITTEN QUESTION E-2752/03

by Kathalijne Buitenweg (Verts/ALE)
and Joost Lagendijk (Verts/ALE) to the Commission

(15 September 2003)

Subject: EU-Turkey Association Agreement: increase in fees for residence permits

Age 12 and over

Under 12

Old rules

1 May 02

1 Jan 03

Old rules

1 May 02

1 Jan 03

Residence permit (fixed period)

56,72

258

430

22,69

169

Residence permit (indeterminate
period)

Amendment of residence permit

Extension of residence permit

Application for assessment of com-
patibility with EU law

226,89

0

0

539

258

169

890

430

285

N/A

0

0

N/A

169

169

15,88

26

28

15,88

26

285

N/A

285

285

28

It is clear from the above table that, during the course of the past year, the Dutch fees for granting,
extending and amending a residence permit for non-EU nationals have been substantially increased, in
some cases doubled. This increase affects, among others, migrants with Turkish nationality. The increase in
the fees has made it harder for Turkish citizens wishing to work in the Netherlands as employees, self-
employed persons or service providers. Article 41(1) of
to the EEC/Turkey
Association Agreement, and Article 13 of Decision 1/80 of the EEC/Turkey Association Council, prohibit
the introduction of ‘new restrictions on the freedom of establishment and the freedom to provide services’,
and of ‘new restrictions on the conditions of access to employment applicable to workers and members of
their families legally resident and employed in their respective territories.’

the additional protocol