WRITTEN QUESTION E-2749/03 by Jan Dhaene (PSE) to the Commission. Refund of the German HGV toll (LKW-Maut) by the government of the Flemish Region.
Date: 2003-09-15
Institutions: European Parliament, Provisional data
Subjects: Flanders (Belgium), Germany, State aid, application of EU law, control of State aid, environmental tax, road transport

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.