2005/449/EC: Commission Decision of 20 June 2005 concerning a request for exemption from the vehicle tax rules submitted by France pursuant to Article 6(2)(b) of Directive 1999/62/EC of the European Parliament and of the Council on the charging of heavy goods vehicles for the use of certain infrastructures (notified under document number C(2005) 1818)   (Text with EEA relevance)
Date: 2005-06-20
Institutions: European Commission
Subjects: France, commercial vehicle, tax exemption, vehicle tax

21.6.2005

EN

Official Journal of the European Union

L 158/23

COMMISSION DECISION

of 20 June 2005

concerning a request for exemption from the vehicle tax rules submitted by France pursuant to
Article 6(2)(b) of Directive 1999/62/EC of the European Parliament and of the Council on the
charging of heavy goods vehicles for the use of certain infrastructures

(notified under document number C(2005) 1818)

(Only the French text is authentic)

(Text with EEA relevance)

(2005/449/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty
Community,

establishing the European

Article 1

the European
Having regard to Directive 1999/62/EC of
Parliament and of
the Council of 17 June 1999 on the
charging of heavy goods vehicles for the use of certain infra-
structures (1), and in particular Article 6 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

According to Article 6(2)(b) of Directive 1999/62/EC of
17 June 1999 on the charging of heavy goods vehicles
for the use of certain infrastructures, Member States may
apply reduced rates or exemptions for vehicles which
travel only occasionally on the public roads of
the
Member State of registration and are used by natural
or legal persons whose main occupation is not
the
carriage of goods, provided that the transport operations
carried out by these vehicles do not cause distortions of
competition. This reduction or exemption is subject to
the Commission's agreement.

France has requested the Commission to agree on the
exemption from the vehicle tax according to Directive
1999/62/EC for vehicles of 12 tonnes or more, which
are used exclusively in connection with public and
industrial works in France.

The conditions foreseen by Article 6(2)(b) of Directive
1999/62/EC are fulfilled, as these vehicles do not perma-
nently use public roads, as these vehicles are not used to
carry goods and furthermore as these vehicles do not
cause a distortion of competition because they cannot
be used for carriage of any goods other than those
permanently installed at the vehicle and used for their
own activity.

The agreement should be given for a limited time.

The exemption requested by France should therefore be
approved,

The Commission hereby gives its agreement to exempt until
31 December 2009 from vehicle tax in accordance with
Article 6(2)(b) of Directive 1999/62/EC the following vehicles
of 12 tonnes or more, which are used exclusively for the
for public and
carriage of permanently installed equipment
industrial works in France:

1. Self-propelled lifting and handling gear (cranes mounted on

road chassis);

2. Mobile pumps or pumping stations permanently mounted

on road chassis;

3. Mobile motor compressor sets permanently mounted on

road chassis;

4. Concrete mixers and pumps permanently mounted on road
chassis (except drum vehicles for transporting concrete);

5. Mobile generating sets permanently mounted on road

chassis;

6. Mobile drilling machines permanently mounted on road

chassis.

Article 2

This Decision is addressed to the French Republic.

Done at Brussels, 20 June 2005.

For the Commission

Jacques BARROT
Vice-President

(1) OJ L 187, 20.7.1999, p. 42. Directive as amended by the 2003 Act

of Accession.