WRITTEN QUESTION E-3606/03 by Michl Ebner (PPE-DE) to the Commission. Special conditions for transport by heavy goods vehicles.
Date: 2003-12-05
Institutions: European Parliament, Provisional data
Subjects: carriage of goods, charges for use of infrastructure, common transport policy, diesel fuel, environmental protection, fuel tax, rail transport, road transport, transport company

27.3.2004

EN

Official Journal of the European Union

C 78 E/833

In any event, can the Commission say whether the Minister’s initiative is compatible with the status
4.
of Brussels as the seat of the Community institutions and, above all, whether moving a substantial
proportion of the air traffic to densely populated areas does not pose additional security problems
(terrorist acts) for the European and international institutions based in Brussels?

Answer given by Mrs de Palacio on behalf of the Commission

(5 February 2004)

There exists no Community legislation which establishes detailed provisions concerning decisions by
competent authorities on flight paths. Although, with the adoption of Directive 2002/49/EC of the
Parliament and of the Council of 25 June 2002 on the assessment and management of environmental
noise (1), harmonised noise descriptors are introduced (by 18 July 2005), as well as the obligation to
prepare noise maps (by 30 June 2007) and action plans (by 18 July 2002), that Directive does not impose
limit values for ambient noise. In the absence of such mandatory Community norms, it is not possible for
the Commission to intervene solely on the basis of possible excessive exposure to noise.

According to the information which was published in the Belgian press, a working group (composed of
experts from BIAC, Belgocontrol and the Belgian Directorate-General of aviation) assisted the Belgian
Minister of Transport in preparing an action plan, whilst further work regarding the establishment of a
cadastral survey of aviation noise is underway.

Since, in the present context, Council Directive 85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the environment (2), as amended by Council Directive 97/
11/EC of 3 March 1997 (3)
relates to the
construction of airports and airport changes/extensions, the new flight plan does not seem to be subject
to the requirements of this Directive.

(EIA) (cid:1) Directive),

Impact Assessment

(Environmental

There are no other environmental standards established for airports. Airport changes/extensions are
covered by the EIA Directive. This Directive provides that Member States must ensure that, before
development consent is given, projects likely to have significant effects on the environment by virtue, ‘inter
alia’, of their nature, size or location are made subject to an assessment of the environmental effects.
According to the information at the disposal of the Commission, an EIA was carried out for the extension
of Zaventem airport in the beginning of the 90’s. Changes such as the introduction of new flight plans or
the allocation of air router to existing runways are not covered by the definition of ‘a project’ under the
EIA Directive.

The Commission is currently investigating whether the public consultation foreseen under Flemish
legislation meets the requirements of the EIA Directive.

The Commission will continue to monitor all relevant developments under Community law in this file.

(1) OJ L 189, 18.7.2002.
(2) OJ L 175, 5.7.1985.
(3) OJ L 73, 14.3.1997.

(2004/C 78 E/0887)

WRITTEN QUESTION E-3606/03

by Michl Ebner (PPE-DE) to the Commission

(5 December 2003)

Subject: Special conditions for transport by heavy goods vehicles

The cheapest and simplest way of transporting goods has always been by truck. At the same time, the
resulting environmental pollution has been getting worse each year. The far more environmentally friendly
alternative of rail transport cannot compete with the comparatively cheap option of transport by road and
is therefore unacceptable to many companies.

C 78 E/834

Official Journal of the European Union

EN

27.3.2004

Can the Commission answer the following:

(cid:1) is it true that the European Union grants concessions to hauliers? If so, of what nature;

(cid:1) is it also the case that haulage firms benefit from fuel concessions from the EU? If so, of what nature;

(cid:1) what has been or is being done to investigate the real costs of road transport?

Answer given by Mrs de Palacio on behalf of the Commission

(28 January 2004)

In principle, aid granted to transport undertakings is, when deemed to be State aid within the meaning of
Article 87 of the EC Treaty,
incompatible with the common market. However, Article 87(2) and (3)
provides that, where certain conditions are met, such aid may be considered or declared compatible with
the common market.
is essentially the ‘Community guidelines on State aid for environmental
protection’ (1) which specify which State aid may qualify as one of the exceptions specified in Article 87.
The guidelines indicate that,
in principle, only aid measures which serve to attain a higher level of
environmental protection than is required at Community level may be authorised. The same philosophy
emerges from the directives relating to measures to be taken against the emission of gaseous and
particulate pollutants from motor vehicles (2).

It

Regarding the concessions which may be granted for fuels, Council Directive 2003/96/EC of 27 October
2003 restructuring the Community framework for the taxation of energy products and electricity (3)
authorises Member States to continue to apply reduced rates of taxation in the cases listed in an annex to
the Directive. That annex refers to national measures applying a differentiated rate of excise duty on gas
oil, particularly in order to encourage the use of fuels which are more environmentally friendly. By virtue
of Article 18, several Member States may in addition allow temporary derogations from the new minimum
levels set by the Directive for excise duties on gas oil. Such temporary derogations are subject to the
condition that rates of duty be gradually brought into line with the levels stipulated by the Directive.
Lastly, a specific, though not reduced, rate has been introduced for commercial gas oil to give Member
States which so wish the option of applying differentiated rates of duty for different uses of gas oil.

Turning to payment by the road haulage industry of the costs linked to using road infrastructure, on
23 July 2003 the Commission adopted a proposal for a Directive of the European Parliament and of the
Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain
infrastructures (4). The proposed directive constitutes a framework within which Member States,
in
accordance with the principle of subsidiarity, may provide positive economic incentives for transport
operations via a price structure which better reflects the costs to society. The new framework proposed by
the Commission establishes a set of common rules for charging heavy goods vehicles weighing more than
it enables Member States to vary tolls according to the technical and
3,5 tonnes.
environmental characteristics of vehicles, levels of congestion and the characteristics of the relevant route
in the road network.

In particular,

(1) OJ C 37, 3.2.2001.
(2) Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation
of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate
pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from
positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending
Council Directive 88/77/EEC, OJ L 44, 16.2.2000. Directive 98/69/EC of the European Parliament and of the
Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor
vehicles and amending Directive 70/220/EEC, OJ L 350, 28.12.1998.

(3) OJ L 283, 31.10.2003.
(4) COM(2003) 448 final.