Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the 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 infrastructure amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2006-03-20
Institutions: European Commission
Subjects: approximation of laws, commercial vehicle, common transport policy, road transport, toll, transport infrastructure, transport planning, transport price

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.3.2006 
COM(2006) 131 final 

2003/0175 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 infrastructure  

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2003/0175 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
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 infrastructure  

1. 

INTRODUCTION 

Article  251(2),  third  subparagraph,  point  (c)  of  the  EC  Treaty  requires  the  Commission  to 
deliver an opinion on amendments proposed by the European Parliament at second reading. 
The Commission sets out its opinion below on the amendments proposed by Parliament. 

2. 

BACKGROUND 

Date  of  transmission  of  the  proposal  to  the  EP  and  the  Council 
(document COM(2003) 448 final – C5–0351/2003 - 2003/0175(COD): 

Date of the opinion of the European Economic and Social Committee: 

Date of the opinion of the European Parliament, first reading: 

28 July 2003

3 June 2004

20 April 2004

Date of adoption of the common position by qualified majority: 

6 September 2005

Date of the opinion of the European Parliament, second reading  

15 December 2005

3. 

PURPOSE OF THE PROPOSAL 

In line with the White Paper on European transport policy for 20101 and following the request 
from  the  European  Councils  of  December  2002  and  March  2003,  the  Commission  has 
proposed  a  modified  version  of  the  directive  1999/62  on  road  charges  for  heavy  goods 
vehicles.  This  proposal  is  in  line  with  the  Commission’s  policy  on  transport  infrastructure 
charging,  which  is  to  develop  a  harmonised  Community  approach  to  charging,  across  all 
modes of transport. The basis for transport charges should be the costs that transport currently 
impose on users, tax payers and society at large. 

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COM (2001)370, 12.9.2001 

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Directive  1999/62/EC  provides  the  current  framework  for  road  charges  for  heavy  goods 
vehicles.  However  as  Member  States  are  tending  to  move  away  from  charging  regimes 
(vignettes) and towards tolling regimes, the directive needs updating, to elaborate and clarify 
the  basis  for  road  tolls  and  to  ensure  that  the  current  patchwork  of  charging  and  tolling 
regimes  develops  in  a  transparent  and  harmonised  fashion.  In  addition,  there  is  a  need  to 
adjust the framework for road charges to increase the scope for raising funds for investment in 
new transport infrastructure. 

The  Commission’s  proposal  for  updating  Directive  1999/62/EC  addresses  these  goals.  To 
improve and harmonise the basis of tolling it: 

•  specifies  the  cost  basis  for  tolling  regimes,  to  include  the  costs  of  constructing, 
operating,  maintaining  and  developing  the  network  and  the  uncovered  costs  of 
accidents; 

•  improves the scope for the differentiation of tolls and provides a methodology to 

enable the transparent estimation of costs;  

•  extends the scope of the directive to more commercial vehicles (from 3.5 tonnes) 

and to more roads (the Trans European road network and alternative routes).  

To help meet transport infrastructure financing needs, it: 

•  links tolls to the costs of maintaining and developing the infrastructure; 

•  requires  revenues  to  be  spent  on  maintaining  and  developing  transport 

infrastructure;  

•  allows  mark  ups  on  tolls,  the  revenues  of  which  must  be  spent  on  alternative 

infrastructure investments in the same TEN corridor. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  ADOPTED  BY  THE 
PARLIAMENT 

The  Commission  can  accept  all  the  amendments  adopted  by  the  European  Parliament  in 
second reading. They are the result of a compromise package agreed between the European 
Parliament  and  the  Council  with  a  view  to  the  adoption  of  the  Directive  in  second  reading. 
These amendments favour the approach taken by the Commission in its proposal and address 
the Commission’s concerns on geographical scope and external costs.  

Amendments  on  geographical  scope  (43,  44,  51,  52,  53,  54):  These  amendments  establish 
rules for the treatment of different types of roads within the directive. TENs are subject to the 
rules  of  the  directive;  Member  States  must  inform  the  Commission  of  tolls  on  other  main 
roads; and secondary roads are not subject to any rules in the directive.  

Amendments on external costs (37, 41, 42, 49, 50): these amendments make statements about 
the  importance  of  internalising  external  costs  and  require  the  Commission  to  undertake  a 
modelling exercise and impact assessment of the internalisation of external costs within two 
years of the directive’s entry into force. 

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Amendment 32 on toll variation: this amendment allows toll variation according to NOx and 
PM emissions, and makes toll variation according to emissions obligatory as from 2010. 

Amendments on type of vehicle (39, 40, 55): These amendments remove reference to “heavy” 
in  heavy  goods  vehicles,  as  the  scope  of  the  directive  has  changed  to  include  vehicles  of 
between 3.5t and 12t, rather than just those above 12t, as in directive 1999/62.  

Amendments  on  urban  charges  (33,  35):  these  amendments  clarify  that  urban  regulatory 
charges are not subject to any of the rules in the directive and so Member States are free to 
levy such charges in accordance with the rules of the Treaty.  

Other amendments (34, 36, 38, 45, 46, 47, 48): make minor changes to other parts of the text, 
rates  and  non 
dealing  with  compensation,  hypothecation,  eurovignette  maximum 
discrimination. 

The  conclusion  of  the  compromise  package  has  been  facilitated  by  a  declaration  which  the 
Commission  made  during  the  December  2005  Plenary  session  of  the  European  Parliament 
(see annex). 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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Annex: Declaration of the Commission at the Plenary Session of Parliament of 13 
December 2005 

INTERNALISATION OF EXTERNAL COSTS  

Declaration by Commissioner Barrot 

Concerning the analysis of the internalisation of the external costs, I am happy to declare that 
the  models  and  the  impact  assessments  requested  by  the  Parliament  can  be  elaborated  and 
published  by  the  Commission  during  the  two  coming  years.  On  this  basis,  the  Commission 
can evaluate the necessity for ulterior actions on the subject. 

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