WRITTEN QUESTION E-2802/03 by Pedro Marset Campos (GUE/NGL) to the Commission. Special tolls in France and Germany for the transport of goods by road.
Date: 2003-09-19
Institutions: European Parliament, Provisional data
Subjects: France, Germany, carriage of goods, commercial vehicle, free movement of goods, motorway, road transport, toll

27.3.2004

EN

Official Journal of the European Union

C 78 E/169

Use of peat by gardeners and for the production of electricity has led to peat bogs being ranked amongst
the most threatened natural habitats in Europe.

What action does the Commission intend to take to ensure that peat is not permitted to be eligible for
green certificates in Sweden?

(1) OJ L 283, 27.10.2001, p. 33.

Answer given by Mrs de Palacio on behalf of the Commission

(23 October 2003)

The Commission agrees that peat is not regarded as a renewable energy source according to the definitions
in Article 2 in Directive 2001/77/EC of the Parliament and of the Council of 27 September 2001 on the
promotion of electricity produced from renewable energy sources in the internal electricity market.

Consequently, electricity produced with peat as fuel cannot contribute to the Swedish fulfilment of the
target defined in the Directive. Furthermore a Member State cannot issue a guarantee of origin for
electricity produced from peat in the context of the Directive.

According to Article 3 and 6 in the Directive Member States shall publish before 27 October 2003 reports
including an analysis of success in meeting the national targets and an evaluation of the existing legislative
and regulatory framework.

The Commission has not yet
the
implementation into national legislation is not in compliance with Directive 2001/77/EC the Commission
will take the necessary steps towards the Swedish authorities.

received these reports.

the Swedish reports

indicate that

If

Directive 2001/77/EC does not prevent a Member State from using peat for electricity production nor
from establishing a system of certificates for certain types of electricity. If such a system of certificates
includes economic support the system must be in compliance with Community regulations on state aid.
The use of peat for electricity production must also comply with the Community Directives concerning
protection of nature such as the Habitat Directive (Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora (1)). The Commission will also react regarding
these regulations if a Member State is not in compliance.

(1) OJ L 206, 22.7.1992.

(2004/C 78 E/0173)

WRITTEN QUESTION E-2802/03

by Pedro Marset Campos (GUE/NGL) to the Commission

(19 September 2003)

Subject: Special tolls in France and Germany for the transport of goods by road

The announcement that the French and German authorities will shortly impose special tolls for lorries
travelling through those countries on the motorways is likely to cause justified alarm in the Murcia region
(Spain), particularly in the farming industry, since it might have adverse effects on the transport of fruit
and vegetables from Murcia to various EU countries.

1.

Is the Commission aware of this situation?

Does the Commission not consider it appropriate to demand that this measure should not be

2.
implemented, given that the charges are discriminatory and damaging?

C 78 E/170

Official Journal of the European Union

EN

27.3.2004

Does the Commission take the view that these French and German measures may violate the free

3.
movement and transport of goods in the EU?

4.
Does the Commission not believe that, if they were to be implemented, these measures would be
most damaging for the most outlying European regions, such as the Murcia region which remains an
Objective 1 region? Does this measure not represent flagrant discrimination among regions?

Does the Commission not believe that, at a time of economic recession in the euro zone, these

5.
measures would damage economic recovery in a key sector such as the transport of goods by road?

Answer given by Mrs de Palacio on behalf of the Commission

(31 October 2003)

Member States have the right to maintain or introduce tolls and user-charges on lorries of 12 tonnes and
above, provided they comply with the provisions contained in Directive 1999/62/EC (1) of the Parliament
and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain
infrastructures.

As long as Member States fulfil
the Directive, concerning in particular non-
discrimination, free flow of traffic and appropriate toll levels that are related to the cost of construction,
operation and development of the network concerned, they are in line with Community legislation.

the requirements of

As far as Germany is concerned, the Commission is still examining the envisaged toll system. The
Commission has to assess if the notified measure of the introduction of a distance-based motorway user
charge for heavy goods vehicles accompanied by a reimbursement system based on the purchase of fuel in
Germany is compatible with the common market and fully in line with the relevant Community
legislation. Due to the doubts raised by the notified measure, the Commission decided on 23 July 2003 to
open the formal investigation procedure laid down in article 88 §2 of the EC Treaty to allow Germany and
other interested parties to make comments. On 27 August 2003, a short version of
the decision
summarising all the relevant issues of fact and law has been published in the Official Journal of the
European Union (2). The Commission’s aim is to make sure that the principle of free movement of goods
will not be hampered and that the system fully respects the principle of non-discrimination.

In France there are no plans for a change for the moment, but the Commission will look at the case to
ensure the respect of these same principles, if such a development takes place.

(1) OJ L 187, 20.7.1999.
(2) OJ C 202, 27.8.2003.

(2004/C 78 E/0174)

WRITTEN QUESTION E-2805/03

by Avril Doyle (PPE-DE) to the Commission

(19 September 2003)

Subject: Solar energy

Can the Commission advise whether there are any common funds available for the conversion of
individual dwelling houses to solar power?

Answer given by Mrs de Palacio on behalf of the Commission

(27 October 2003)

The Commission informs the Honourable Member that, based on the 6th Research and Technological
Development Framework Programme 2003-2006, priority thematic area ‘Sustainable development, global
change and ecosystems’, the Commission has in place a relevant activity to exploit solar energy for
electricity and heat generation.