CELEX: 51998PC0427
Language: en
Date: 1998-07-13
Title: Amended proposal for a Council Directive on the charging of heavy goods vehicles for the use of certain infrastructures

COMMISSION OF THE EUROPEAN COMMUNITIES
                                     Brussels, 13.07.1998
                                     COM(1998) 427 final
                                     96/0182(SYN)
                  Amended proposal for a
                 COUNCIL DIRECTIVE
    on the charging of heavy goods vehicles for the use of
                   certain infrastructures.
(presented by the Commission pursuant to Article 189 a (2)
                    of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                             EXPLANATORY MEMORANDUM
1.  On 10.7.1996 the Commission adopted a proposal for a Council Directive on the
    charging of heavy goods vehicles for the use of certain infrastructures1
    [COM(96)331final,96/0182(SYN)].
    On 13.11.1996 this proposal was transmitted to the Council.
    On 28.1.1997 the Council consulted the Parliament and the Economic and Social
    Committee.
    On 23.4.1997 the Economic and Social Committee adopted its opinion2 which was
    overall supportive of the Commission's proposal.
    On 17.7.1997 at its plenary session, the European Parliament approved subject to 26
    amendments the proposal, on first reading according to the Co-operation procedure.
2.  The Commission cannot accept 16 amendments proposed by the Parliament, namely
    amendments 1, 4, 6, 7, 9, 14, 16, 17, 18, 19, 20, 21, 22, 24, 25 and 26, for the
    following reasons:
    Amendments 9, 14, 17, 18, 19, 20, 21, and 22 delete all provisions relating to
    external costs and sensitive routes. These are issues to which the Commission
    attaches great importance in view of establishing a more differentiated charging
    system.
    Amendment 7 introduces the concept of sensitive areas which the Commission finds
     impractical.
     Amendment 6 modifies recitals 11 and 12 in a way that does no longer correspond to
     the provisions in Article 6 to which they relate and which remain unchanged.
     Amendment 1 suggests that substantial differentiation of charges according to
     infrastructure damage and air pollution may be undertaken initially only through
     user charges. This claim is not shared by the Commisssion and contradicts the gist of
     the Parliament's opinion (and particularly amendment 24).
1
   O.J. C59, 26.2.1997
2
   CES 458/97.
 ---pagebreak---    Amendment 4 does not lead to any specific legal provision in the Directive.
   Amendments 16 and 25 proposes a differentiation of user charges according to two
   classes based on the number of the vehicle's axles1, this is. clearly less accurate and
   fair îhan the user charge structure proposed by the Commission. According to this
   structure user charges vary following the degree of damage tli£t vehicles cause to the
   ;:cad. The latter depends on the vehicle weight and the number and configuration of
   îbe axles. These factors determine the three different damage classes in which the
   Commission proposes to classify vehicles.
   Amendment 24 modifies unnecessarily the existing structure for the minimum
   vehicle taxes. There is no need for such a simplification, the proposed by the
   Commission structure of the minimum vehicle taxes is the same as in the existing
   Directive and no complaints have been made by Member States on it. The proposed
   by the Parliament simplification will not solve any problems but on the contrary is
   likely to create new ones.
   Amendment 26 proposes levels for the annual user charges that are unacceptably
   high.
3. The Commission accepts 10 of the Parliament's amendments, namely amendments
   2, 3, 5, 8, 10,11,12,13,15 and 23, for the following reasons:
   Amendment 2 modifies recital 3 by deleting reference to maximum levels for the
   vehicle taxes. This recital refers to the provision in Article 6.1,1st sub-paragraph,
   modified according to Amendment 11..
   Amendment 5 deletes recital 9, which refers to the provision in Article 6.1, 2nd sub-
   paragraph allowing minimum rates of vehicle taxes not to apply when a user charge
   system is in operation.
   Amendment 11 modifies Article 6.1,1st sub-paragraph by deleting the requirement
   that vehicle taxes should not go beyond a certain ceiling proposed by the
   Commission.
   Amendment 12 deletes Article 6.1, 2nd sub-paragraph, which allows minimum rates
   of vehicle taxes not to be complied with when a user charge system is in operation.
   The objective of the Commission in setting maximum levels for vehicle taxes whilst
   allowing Member States to apply vehicle taxes that are lower than the minimum
   levels if they operate a user charge system (as provided for in Article 6.1 1st and 2nd
   sub-paragraphs) is to ensure that existing differences in transport related levies
   across the Community will not increase any further. However, this is not the most
   fundamental element of the proposal; amendments 2, 5, 11 and 12 are therefore
   accepted at this stage in view of concentrating on the more important aspects of the
   proposed Directive.
   Amendment 3 introduces a new recital 3a making reference to the Alpine
   Convention. Although this new recital does not correspond to any specific provision
   in the Commission's modified proposal, it is nevertheless consistent with the
   original Commission proposal which introduced the concept of sensitive routes
   (among ^vhieh it included certainly the Alpine zone). Tthis amendment is acceptable.
 ---pagebreak---  Amendment 8 modifies recital 16 by calling for differentiation in user charge rates
 instead of the "limited" differentiation that the Commission proposed, thereby
 somewhat improving the clarity of the text.
Amendment 10 modifies recital 18 by adding reference to the territoriality principle.
Although this additional reference is not strictly speaking necessary it nevertheless
adds a useful element.
Amendment 13 introduces a new Article 6.1a which calls for a regular review of the
vehicle taxes. This provision is almost superfluous given the review foreseen for the
whole Directive but it is not harmful either.
Amendment 15 introduces a new Article 7.2, sub-paragraph la which asks for a 50%
reduction of user charge rates for vehicles from peripheral regions. Given that user
charge reductions have been applied so far to certain peripheral Member States, this
amendment can provide an acceptable arrangement for them, provided it refers to
"Member States" and not to "regions" and it is limited in time.
Amendment 23 modifies Article 13.1, 2nd sub-paragraph by asking that information
to be forwarded to the Commission should also specify the degree to which road
traffic costs are covered, by category of vehicle and road. The Commission agrees
that the information called for in this amendment can be very useful.
The Commission proposal [COM(96)331final,96/0182(SYN)] is therefore amended
as follows.
 ---pagebreak---                                   Amended proposal for a
                                  COUNCIL DIRECTIVE
     on the charging of heavy goods vehicles for the use of certain infrastructures.
The Commission proposal [COM(96)331 final, 96/0182(SYN)] is therefore amended as
follows.
       Initial Commission proposal                         Amended proposal
                                      (Amendment 2)
                                          Recital 3
Whereas Member States should ensure the        Whereas Member States should ensure the
functioning of the internal market and avoid   functioning of the internal market and avoid
obstacles to the free movement of goods or     obstacles to the free movement of goods or
services within the Community; whereas the     services within the Community; whereas the
proper functioning of the internal market in   proper functioning of the internal market in
transport calls for the reduction of the       transport calls for a harmonization of the
differences in the conditions of competition   conditions of competition in goods road
in goods road transport due to unjustifiable   transport    marked       by      unjustifiable
divergences in the levels of transport related divergences in the levels of transport related
charges, including taxes and other relevant    charges, including taxes and other relevant
levies; whereas, therefore, vehicle taxes and  levies; whereas, therefore, vehicle taxes
user charge rates should be set within a       should not be set below a minimum level
maximum and a minimum level;                   and user charge rates should be set within a
                                               maximum and a minimum level;
                                      (Amendment 3)
                                      Recital 3a (new)
                                               Whereas on 7 November 1991 the
                                               Convention on the Protection of the Alps
                                               (Alpine Convention)3 was concluded in
                                               Salzburg;
                                      (Amendment 5)
                                          Recital 9
Whereas minimum rates for vehicle taxes Deleted
need not apply in Member States where a
user charge system is in operation;
 3
     OJC 278, 5.10.1994, p.8
 ---pagebreak---          Initial Commission proposal                            Amended proposal
                                         (Amendment
                                           Recital 16
 Whereas the rates of user charges should be      Whereas the rates of user charges should be
 based on the duration of the use made of the     based on the duration of the use made of the
 infrastructure in question and be as close to    infrastructure in question and be as close to
 the real costs caused by the road vehicles as    the real costs caused by the road vehicles as
 possible; whereas this should be pursued in      possible; whereas this should be pursued in
 the short term through the introduction of       the short term through the introduction of
 limited differentiation of the rates according   differentiation of the rates according to the
 to the damage caused to the infrastructure       damage caused to the infrastructure and the
 and the environment;                             environment;
                                       Recital 16 a (new)
                                                  Whereas reduced rates of user charges may
                                                  be applied temporarily for vehicles
                                                  registered in peripheral Member States to
                                                  account for difficulties due to their
                                                  geopolitical position.
                                        (Amendment 10)
                                           Recital 18
 Whereas two or more Member States may            Whereas the principle of territoriality
 cooperate for the purpose of introducing a       should be applied; whereas two or more
 common system of user charges, subject to        Member States may cooperate for the
 compliance with some additional conditions;      purpose of introducing a common system of
                                                  user charges, subject to compliance with
                                                  some additional conditions;
                                       (Amendment 11)
                               Article 6.1, first subparagraph
 1.    Whatever the structure of the taxes 1.           Whatever the structure of the taxes
referred to in Article 3, Member States shall referred to in Article 3, Member States shall
set the rates so as to ensure that the tax rate set the rates so as to ensure that the tax rate
for each vehicle category or subcategory for each vehicle category or subcategory
referred to in Annex 1 is not lower than the referred to in Annex 1 is not lower than the
minimum and not higher than the maximumminimum laid down in that Annex.
laid down in that Annex.
                                       (Amendment 12)
                             Article 6.1, second sub-paragraph
However, Member States may levy vehicle Deleted.
taxes below these minimum rates provided
they are applying a user charge system in
accordance with this Directive.
 ---pagebreak---       Initial Commission proposal                             Amended proposal
                                    (Amendment 13)
                                   Article 6.1a (mew)
                                              i la. The minimum rates and the tas rates |
                                              : f.e(rasll.y adopted shall be reviewed on 1
                                              i Jaauairy 2001 $MÛ g'ver/ second year
                                              1 thereafter. With a view t© greater
                                              , hKrmoEisstion and the reduction or
                                              I abolition of vehicle excise duties, the j
                                                C®msasi33ion       shall    propose     the
                                                adjustments th&t are necessary for
                                                adoption by the council under the
                                              | procedure laid down in the treaty.
                                    (Amendment 15)
                        Article 7.2, first subparagraph a (new)
                                                User charges shall be reduced by 50%
                                                for vehicles registered in peripheral
                                                Member States until 31.12.2000.
                                    (Amendment 23)
                          Article 13.1, second subparagraph
Member States shall forward the necessary       Member States shall forward the necessary
information to the Commission no later than     information to the Commission no later than
1 June 1999 in order to enable the              1 June 1999 in order to enable the
Commission to draw up the above report.         Commission to draw up the above report.
                                                This information shall also specify the
                                                degree to which road traffic costs are
                                                covered, by category of vehicle and road.
The remainder of the text is unchanged.
Done at Brussels,                                 For the Council
                                             7
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 427 final
                                              DOCUMENTS
EN                                                            07 06 09 14
                                    Catalogue number : CB-CO-98-437-EN-C
                                                             ISBN 92-78-37943-3
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                r