European Parliament resolution of 15 March 2017 on the Commission’s approval of Germany’s revised plan to introduce a road toll (2017/2526(RSP))
Date: 2017-03-15
Institutions: European Parliament
Subjects: Germany, approximation of laws, discrimination on the basis of nationality, foreign national, infringement of EU law, road transport, toll, transport infrastructure, transport network








C_2018263EN.01010301.xml










25.7.2018   


EN


Official Journal of the European Union


C 263/103






P8_TA(2017)0084
Commission’s approval of Germany’s revised plan to introduce a road toll
European Parliament resolution of 15 March 2017 on the Commission’s approval of Germany’s revised plan to introduce a road toll (2017/2526(RSP))
(2018/C 263/13)

The European Parliament,






—


having regard to the Commission’s White Paper entitled ‘Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system’ (COM(2011)0144),










—


having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (1),










—


having regard to the Commission communication of 20 July 2016 on a European strategy for low-emission mobility (COM(2016)0501),










—


having regard to the adoption by the German Bundestag on 27 March 2015 of the legislative proposal ‘Entwurf eines Gesetzes zur Einführung einer Infrastrukturabgabe für die Benutzung von Bundesfernstraßen’ and the ‘Zweites Gesetz zur Änderung des Kraftfahrzeugsteuergesetzes und des Versicherungsteuergesetzes’,










—


having regard to the approval by the German Bundesrat on 8 May 2015 of the ‘Gesetz zur Einführung einer Infrastrukturabgabe für die Benutzung von Bundesfernstraßen’ and the ‘Zweites Gesetz zur Änderung des Kraftfahrzeugsteuergesetzes und des Versicherungsteuergesetzes’,










—


having regard to the infringement procedure on the introduction by Germany of a new road charging scheme for private vehicles (‘Pkw-Maut’), launched by the Commission on 18 June 2015,










—


having regard to the agreement of 1 December 2016 between the President of the Commission and the German Ministry of Transport and Digital Infrastructure, concerning a German car toll system (‘Pkw-Maut’),










—


having regard to Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (2) and its upcoming revision as part of the Commission’s road initiative in 2017,










—


having regard to Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (3) and its upcoming revision as part of the Commission’s road initiative in 2017,










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having regard to the principle of non-discrimination as enshrined in Article 18 of the Treaty on the Functioning of the European Union (TFEU) and EU law which prohibits discrimination on the grounds of nationality,










—


having regard to the question to the Commission on the Commission’s approval of Germany’s revised plan to introduce a road toll (O-000152/2016 — B8-0201/2017),










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having regard to the motion for a resolution of the Committee on Transport and Tourism,










—


having regard to Rules 128(5) and 123(2) of its Rules of Procedure,










A.


whereas it is currently under review whether the intended German road toll system on light-duty vehicles (LDVs) is in line with standing European Union policies;










B.


whereas a reimbursement system directly or indirectly based on nationality is discriminatory, contradicts guiding principles of the European Union, hampers cross-border mobility and weakens the European single market;










C.


whereas the intended German toll system is possibly contrary to the ‘non-discrimination’, ‘user pays’ and ‘polluter pays’ principles;










D.


whereas national toll systems introducing fees indirectly or directly based on nationality would be contrary to EU law;










E.


whereas national toll systems have, in particular, a negative impact on citizens in border regions having to deal with different toll systems and the associated costs, hinder the free flow of cross-border traffic and create unnecessary obstacles to further European integration;










F.


whereas consequential additional administrative burdens would result in higher costs and possibly non-transparent procedures, reducing the intended additional means for investment in infrastructure;












1.


Acknowledges that transport represents a crucial sector for economic growth by ensuring efficient and affordable mobility of citizens and goods within and beyond the European Union;












2.


Points out that the Commission and the Member States should invest adequately in transport infrastructure;












3.


Urges the Commission to implement standing policies, as stipulated in — among other things — the 2011 White Paper on transport;












4.


Stresses that road infrastructure charging can play a vital role in the modal shift and in financing maintenance and development of sustainable, safe, secure, efficient and future-oriented road infrastructure in the European Union;












5.


Stresses that road charging systems for any type of motor vehicle should be electronic and distance-based and should comply with the ‘user pays’ and ‘polluter pays’ principles, as enshrined in EU policies and EU legislation, in order to ensure the internalisation of external costs related to road transport;












6.


Points out the need to obtain an improved quality of service on road infrastructure, in particular in terms of safety, as well as significant reduction of congestion;












7.


Encourages the Commission to include external costs from climate change and accidents, not covered by insurance, when proposing new legislation, such as the revision of the Eurovignette Directive; underlines, furthermore, that legislation on the internalisation of external costs must apply on all roads and exclude unfair competition between the different transport modes;












8.


Points out that an ongoing infringement procedure against Germany, which addresses the indirect discrimination based on nationality, has been put ‘on hold’ until further notice without proper legal reasoning, by means of an informal political agreement between the President of the Commission and the German Ministry of Transport and Digital Infrastructure;












9.


Stresses that the introduction of national road charging systems should not hinder the market access, growth, competitiveness and flexibility of transport and cross-border transport operators in the EU, in order to ensure further development and integrity of the European single market;












10.


Calls on the Commission to provide and disclose relevant information from the Directorate-General for Mobility and Transport (DG MOVE) on the analysis of the new measures for the ‘Pkw-Maut’ presented by the German authorities and its compliance with EU law;












11.


Underlines that a key requirement for non-discriminatory road charges is that all users pay the same charge for using the same roads; stresses that any national road charging system that directly discriminates on grounds of nationality or is combined with national tax measures to the benefit only of nationals, e.g. a deduction from the national vehicle tax, thus pursuing the objective of primarily charging foreign users, constitutes a violation of the non-discrimination principle enshrined in Article 18 of the TFEU; recalls that the Commission, as guardian of the Treaties, must monitor the correct implementation and application of the law following its adoption;












12.


Calls on the Commission to present to Parliament the agreement entered into with the German Government, pointing out the major differences with the national legislation brought to the Court and reasoning on how it complies with Treaty provisions and EU law;












13.


Is of the opinion that the German road toll system (‘Pkw-Maut’) of December 2016 still contains elements that represent a breach of Union law and violate fundamental principles of the Treaties, in particular discrimination based on nationality;












14.


Stresses the need for common rules to establish a coherent, fair, non-discriminatory and harmonised framework for road charging systems for all types of vehicles in the European Union;












15.


Urges the Commission to consider the revision of the legislation and harmonised framework regarding the Eurovignette and the European Electronic Toll Service (EETS) as an opportunity to establish such a framework and to monitor and boost proper enforcement of this legislation;












16.


Points out that interoperability of electronic toll systems plays a key role in facilitating cross-border transport and that Member States acting alone create fragmentation and hamper a single European transport area;












17.


Requests that the Commission provide all the legal and technical details of the agreement of 1 December 2016 between the President of the Commission and the German Ministry of Transport and Digital Infrastructure, and clarify all relevant legal and political aspects regarding why the agreement of 1 December 2016, which still does not impose an additional burden on German users and thus maintains an indirect discrimination based on nationality, has been considered as a sufficient basis to put on hold the infringement procedure against Germany, which was launched based on exactly the same discrimination concerns, and that it keep Parliament adequately informed thereof;












18.


Calls on the Commission to monitor the process closely;












19.


Calls on the Commission to keep Parliament involved in every step of the process by means of a structured dialogue;












20.


Instructs its President to forward this resolution to the Council and the Commission.






(1)  OJ L 348, 20.12.2013, p. 1.

(2)  OJ L 187, 20.7.1999, p. 42.

(3)  OJ L 166, 30.4.2004, p. 124.