CELEX: 51974PC1133
Language: en
Date: 1974-07-19
Title: Amendments to the proposal for a Decision on the estalbishment of a common system of charging for the use of transport infrastructure (Presented by the Commission to the Council under the second paragraph of Article 149, of the eec Treaty)

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 ---pagebreak--- COMMISSION OF THE EUROPSAN COMMOMTniS
                                                          COM(74)1133 final
                                                          Brussels , 19 July 1974
                                  Amendments
            to the proposal for a Decision on the estalbishment of
             a common system of charging for the use of transport
                                infrastructure
           (Presented "by the Commission to the Council under the second
            paragraph of Article 149 , of the eec treaty)
   COK(74) H33 final
 ---pagebreak---                              EXPLANATORY MEMORAFCCTM
In "the agreement of 22 June 1965 on the organization of the transport
market the Council included among measures for approximating the conditions
governing the operation of the various markets the adoption of a common
solution to the problems of charging for the use of transport infrastructure .
In order to attain this objective the Commission presented to the Council
on 29 March 1971 a proposal for a decision on the introduction of a common
system of charging for the use of transport infrastructure"' .
This decision defines the general principles of the system chosen , which is
based on charging for the marginal social cost while at the same time
requiring revenue to cover expenditure ;    only by this method is it possible
to ensure the best use of infrastructures and at the same time to obtain
sufficient revenue to finance all the expenditure incurred by the creation
and operation of these infrastructures .    In this way a foundation will be
created for later measures designed to implement the policy chosen for the
three modes of transport , the content and structure of which are set out in
the memorandum from the Commission to the Council on charging for the use
of infrastructure .
The European Parliament expressed its Opinion on this proposal at its
                              2
meeting on 16 November 1973 $ and the Economic and Social Committee on
28 September 1972^.
After examining carefully the comments made in these Opinions , the Commission
has decided to act upon some of them and for this purpose to amend , in
accordance with Article 149j paragraph 2 of the Treaty , the initial proposal
for a decision .
                                                                          •/.
 OJ lio C 62 , 22 June 1971 , p . 15 .
20J No C 108 , 10 Decercber 1973 , p . 67 .
30J No C 123 , 27 November 1972 , p . 11 .
 ---pagebreak---                                        2
These amendments relate mainly "to the following matters :
Recital 1
The limitation of the proposed measure to railway , road and inland
navigation infrastructures has been considered advisable having regard to
the fact that the Council has not yet decided on the basis of Article 84(2 )
to apply the rules of a common transport policy to sea and air traffic .
The European Parliament desires , however , the introduction of a Recital 1 (a)
laying down that the structure of the system of charges must be devised with
a view to its later application to other forms of -transport , so that their
inclusion therein will not necessitate any major amendments .
Recital 3
The European Parliament proposes that to the notion of "best use of existing
infrastructures ", which in its Opinion is too concise , there be added a
supplementary notion , namely , the promotion of a distribution of transport
between the various means and infrastructures which will be advantageous
to the economy as a whole .
The second aim , which is to make users bear the total expenditure necessary
to ensure the creation and operation of the means of communication , is
supplemented by a definition of the goal pursued , which is to ensure a
volume of investment in transport infrastructure advantageous to the economy
as a whole .
Article 2 , paragraph 1
As with the first Recital , the European Parliament proposes adding to the
phrase "to promote the best possible use of the infrastructures" a form of
words which sets out more clearly the aim pursued by the proposal for a
decision .
                                                                          /
 ---pagebreak--- Article 2 . paragraph 2
This paragraph provides that the Council is to adopt rules for calculating
the marginal social costs and the equalizing charges .    Since these rules
are essential to ensure the fair operation of the whole of the system , the
European Parliament asks to be consulted before they are fixed .    Although
the -Economic and Social Committee has not made a request to thiseffecf j
it is proposed to consult it also in the same conditions .
This article states that if the system of charging for the use of infrast­
ructure is to function satisfactorily , independent operating bodies must be
set up , provided with all the necessary powers to ensure that infrastructure
is managed in conformity with the objectives and principles of the aforesaid
system , and that each of these bodies be responsible for setting its charges
on the basis of the cost and use of the infrastructure under its control .
Hie European Parliament requests that an addition be made to the wording of
this article in order to ensure that the principles of marginal social cost
and balanced budgets are applied to these particular cases too .
                                                                          i
Article 6 . -paragraph 1
Paragraph 1 of this Article defines the means by which the system of
charging for the use of infrastructure is to be implemented ..   It provides
that charges for the use of inland waterways be limited to navigation dues .
The European Parliament requests that the possibility of imposing taxes on
ships be also left open .
Article 7 . paragraph 1
This Article states that in view of its complexity , the large number of
implementing measures required and the wide-ranging economic and financial
effects , a system of charging for the use of infrastructure can be established
only by stages .   The Commission considers that the problems arising here are
 ---pagebreak---                                      - 4 r
far greater for inland waterways than for roads , and has therefore allowed
an additional period of five years for completing the establishment of a
charging system in this sector . . The European Parliament considers that the
provision of two different transition periods for these two modes of
transport will "be liable to create certain distortions of competition both
between the two modes of transport and between them and the railways .   As
Competition does in fact exist between these three modes of transport on
certain links , there is a risk of seriously complicating the calculation of
compensating grants envisaged for the railways in paragraph 4 of this
article , and even of handicapping road transport , for which no compensating
grant is proposed .  Parliament therefore proposes a single transition
period of 15 years for both the modes of transport .
Article JuJQgggrephJ.
This paragraph makes provision for the payment of compensating grants to
railways during the period of establishment of the charging system , in
order to offset the handicap which they will suffer as long as their road
and waterway competitors are not bearing the whole burden of the infrast­
ructure costs attributable to them .   The European Parliament proposes to
supplement this paragraph in order to ensure that these compensating grants
are deducted from the subsidies which various Member States grant to rail­
ways .
Other amendment s of an editorial character have also been made to the
proposal for a decision in question .
 ---pagebreak---                                       - 5 -
                  Amendment -to the proposal for a decision
             on the introduction of a common system of charging
                   for the use of transport infrastructure
The proposal for a decision of the Council presented by the Commission on
29 March 1971 is amended as follows :
- "by an amendment to the first recital and the introduction of a new
  recital after the first recital ,
- by an amendment to the third recital ,
- by an amendment to Article 7 ,
- by an amendment to Article 2(1 ), ssib-'pas'agE^h 1
- by an amendment to Article 2(2 ),
- by an amendment to Article 5 ,
- by two amendments to Article 6(1 ), first and second indents ,
- by an amendment to Article 7 (1 ) »              1
- by an amendment to Article 7(4) )
- and also by certain purely editorial amendments .
These amendments are indicated in the attached docniEuavb
 ---pagebreak---                                     _ 6 -
              Original "text                       .Amended "text
THE COUNCIL OP THE EUROPEAN             THE COUNCIL OP THE EUROPEAN
COIMJNITIES .                           COMMUNITIES ,
Having regard to the Treaty estaT>-     No change
lishing the European Economic
Community and in particular its
Article 75 ?
Having regard to the proposal from
the Commission ;
Having regard to the Opinion of the
European Parliament ;
Having regard to the Opinion of the
Economic and Social Committee ;
Whereas the introduction of a common    Whereas the introduction of a common
transport policy entails the estab-     transport policy entails the establish-
lishment of a common system of          ment of a common system of charging
charging for the use of infrastructure; for the use of infrastructure ;
whereas such a system must apply to     whereas such a system must apply
rail , road and inland waterway infra- initially to rail , road and inland
structure in such a way as to ensure waterway infrastructure in such a way
fair conditions of competition in       as to ensure fair conditions of
transport ;                             competition in transport ;
                                       Whereas this system must be established
                                        in such a way as in due course to take
                                        in the other modes of transport , or in
                                        such a way that its principles may be
                                        capable of application to these other
                                       modes of transport , regard being had
                                       to their specific features ;
 ---pagebreak---                                        - 7 -
             Original text                               Amended text
Whereas the introduction of a system       ITo change
of charging for the use of infrastruc­
ture requires a large number of
measures , which can "be adopted and
implemented only by stages ;    whereas ,
hovrever , in order to facilitate the
preparation of implementing measures
and to promote coordination of national
policies , the guidelines and general
principles for such a system should
be laid down now ;
Whereas the system of charging must        Whereas the system of charging must
satisfy the dual aim of promoting the satisfy the dual aim of promoting a
best use of existing infrastructure        distribution of transport among the
and of ensuring that all expenditure       various modes and infrastructures
necessary for the construction and         which will be advantageous to the
operation of the lines of communica-       economy as a whole , and of ensuring
tion is borne by the users thereof ;       that all expenditure necessary for .
whereas this objective will be             the construction and operation &£ tlie
attained if the charges for various        infrastruo'tiwes         is borne by
categories of traffic are fixed            the users thereof , thus ensuring a
according to the relevant marginal         volume of investment in transport
social cost , with the addition , where infrastructure which will be advantage-
necessary , of an amount sufficient to ous to the economy as a whole ;. whereas
ensure that the total expenditure in       this dual aim will be attained if the
respect of the infrastructure in           charges for the varicis oatagories of
question is covered by the revenue         traffic are fixed according to the
from the use thereof ;                     relevant marginal social cost , .with
                                           the addition   where necessary      of an
                                           amount ("equalizing charge") sufficient
                                           to ensure that the total expenditure in
                                           respect of the infrastructure in ques-
        '                     ;. ;       " tion is covered by the revenue from the
                         '            ■    use thereof ;               • ' •• • •
Whereas in cyder to , ensure that          Whereas in order to ensure that
existing capacity is put to optimum        existing capacity is put to optimum
 ---pagebreak---                                       - 8 -
              Original text                            Amended text
use , it is desirable that as far as       use , it is desirable that as far as
possible the charges applicable to         possible the charges applicable to
the various categories of traffic be       the various, categories of traffic be
adjusted to take account of varia-         adjusted to take account of (two words
tions in the marginal social costs         delated)) the ms,rginal social cost3
 relating     those categories ;           relating to those categories ;
Whereas the means should be defined        No change
•whereby the system of charging for
the use of road and inland waterway
infrastructure is to be implemented ;
whereas , as regards private cars , the
possibility of imposing an. additional
 charge should be allowed for , the
 level of such charge to be fixed
having regard, in addition to budget-                                 ..
ary requirements , to various social
 and other considerations ;
Whereas it is necessary to fix now         Ho change
the' duration of the period during
which the common system of charging
 for the use of road and inland water­
way infrastructure is to be gradually
 established , account being taken of
the effect of the proposed measures
 on competition between modes of trans­
port ; whereas , however , provision
 should be made to enable the programme
 and timetable to be drawn up by the
 Council for this purpose to be amended
 as necessary in accordance with the
 results obtained ;
Whereas , in order to create fair con-     Whereas , in order to create fair con­
 ditions of competition between modes      ditions of competition between modes
 of transport as from the period while     of transport during the period while
 the common sjrstera is being estab5.diedf the common system is being established .
 ---pagebreak---                                         - 9 -
                                                       V ϋ
                 Original text                           Amended text
   it is necessary to make provision for it is necessary to make provision for
   payment of compensating grants .to       payment of compensating grants during
   railway undertakings where the expend-this period to railway undertakings .
   iture on road and inland waterway.    ,, where the expenditure on road and .
  infrastructure is not borne in full       inland waterway infrastructure is not
  "by the users of that infrastructure :    "borne in full "by the users of that
                                            infrastructure :
  Whereas the possibility cannot be         Kb change
   excluded . of serious economic and
' social difficulties Occurring in
  particular sectors of the economy of
  p. Member State following implementa­
  tion of the system of charging for the
  use of infrastructure }    whereas it is                                       ,
  necessary to provide for temporary
  derogations from the common provisions
  to deal with such difficulties and to
  define the procedure for authorizing
   such derogations :
                                                                             ./■
 ---pagebreak---                                      - 10 -
               Original text                           Amended text
HAS ADOPTED THIS DECISION J              HAS ADOPTED THIS DECISIONS
               ■-Article 1                               Article 1
There shall "be introduced within the'   There shall he introduced within the
Community , in the manner and within     Community,' in the manner and within .
the time limits laid down in this        the time limits laid down in this
Decision , a , common system of charging Decision , a common system of charging
for the use of infrastructure for the for the use of intrastructure for 'the
purposes of transport by rail , road     purposes of transport by rail , road
and inland waterway .    _               and inland waterway .
                                         This system shall be so designed as to
                                         be capable of being extended , in due
                                         course to -th® ether mdus tf transport .
                 Article 2                               Article 2     "      ' '   1
1 . Ihe aim of euch a system of          1 . Ihe aim o-moh a system of.oharf^ Aell
charging shall he to promote the best                     ^flcient reTOnue t0 COTeI' Pj
                     „ .     ,      ... expenditure
possible use of infrastructure , while .        .
                                                       arising from the use of infrastrr.a':
       ..           . .          .        and attributable to the transport function
generating sufficient revenue to cover                                   - .
all expenditure on such infrastructure? .^ere0^* .
attributable to its transport functiati.    .     At the same time , the system of
                                         charging must promote an even distribu­
                                         tion of traffic between the various
                                         infrastructures and a volume of invest­
                                         ment in transport infrastructure
                                         advantageous to the economy as a whole .
To this end , the charges applicable To this end , the charges applicable to
to the various categories of traffic the various categories of traffic must
must be equal to the marginal social be equal to the marginal social cost
cost of the use of infrastructtire by of the use of infrastructure by those
those categories . Should the revenue categories . Should tS© revenue produced
produced by such charges be less than by such charges be less than the total
                                                                                 •/
 ---pagebreak---              Original text                            Amended text
the corresponding expenditure , there - expend?,tnre -on the
shall be added to the marginal social    infrastructures concerned , there shall
cost an equalizing charge , the amount   be added to the marginal social cost
of which shall be such as to ensure      an equalizing charge , the amount of
that the said expenditure is covered ,   which shall be such as to ensure that
                                         the said expenditure is covered .
2 . The Council , acting by a            2 . The Council , acting by a qualified
qualified majority on a proposal from    majority on a proposal from the
the Commission , shall lay down rules    Commission , axis. &?tar~*the Psrliaaect'snd the
for calculating the marginal social      Booaoctio cad^BooiaS. C©0£)JL<>$8ifcr fe&TevWOa
costs and the equalizing charges .       oonealted shall lay dcr*rr rvl eBfor
                                         calculating marginal ^ sooial costs and
                                         equalizing charges .
               Article 3                                 Article 3
The expenditure within the meaning of Ho change
Article 2(1 ) to be covered over a
specified period by the revenue aris­
ing during that period shall comprise
the following expenditure incurred <
during that period :
- investment expenditure (expenditure
   in respect of construction , recon­
   struction and replacements of
   installations );
- current expenditure (expenditure on
   the maintenance and operation of
   such installations and . on administ­
   rative services ).
Where investment expenditure is          Where investment expenditure is
financed by borrowing , the revenue      financed partly or wholly by borrowing,
raised by charging must , over a speci-the revenue raised by charging must ,
fied period , be equal to the sum of over a specified period , be equal to
the following two items :                the sura of the following two items :
 ---pagebreak---                                      - 12 -
                Original -text                      Amended text
- expenditure incurred during the        No change
   period in question not covered by
   "borrowing ;
- repayments and interest charges
   attributable to the period in ques­
   tion in respect of . loans contracted
   earlier to finance investment
   expenditure .
                 Article 4                             Article 4
The scale of charges for the use of      Mb change
infrastructure shall differentiate to
the utmost between categories of
traffic having différent i&argl&aî." social
costs .
Within each category of traffic
separate charges shall be applied
wherever this is justified by varia­
tions of time and place in the use of
infrastructure and is possible , having
regard to the cost of collection , with
the means available#
                 Article 5                             Article 5
Separate charges for the use of          Separate charges for the use of
infrastructure shall be fixed in         infrastructure shall be fixed in
respect of engineering work3 , routes    respect of engineering works , routes
or networks operated as separate         or networks operated as separate
entities .                               entities .  ,
                                         These charges shall be based on the
                                         principles laid down in Articles Z 1 3
                                         and A ,
                                                                          •/
 ---pagebreak---                                     - 13
          Original -text - -                      Amended text
1 . The system of charging for "the vise 1 . The sytem of charging for the use
of infrastructure shall be imple­        of intrastructure shall be imple­
mented by the following means :          mented by the following means :
- in respect of roads , by means of      - for the^use of roads , by means of
   vehicle taxes , fuel taxes and           vehicle taxes , fuel taxes and •
   measures for direct charging ;           measures for direct charging;
- in respect of waterways , by means     - for the u^ of inland waterways ,
   of navigation dues .                     by means of navigation dues , and .
                                            Xtfhere appropriate , taxes cn iressels <
2 . The use of vehicle taxes and fuel    No change .
taxes as means of charging for the
use of infrastructure shall not
prevent the imposition , in particular
to meet taxation requirements , of
additional charges on ownership of
private vehicles or on consumption
of fuel used by such vehicles .
                Article 7                            Article 7
1 . The sj'stem of charging for the use  1 . The system of charging for the
of infrastructure shall be established use of infrastructure shall be
by stages .    Subject to any extensions established by stages .      Subject
authorized by the Council tinder         to any extensions decided by the
paragraph 3 hereof , establishment of    Council under paragraph 3 hereof ,
the system shall be completed by not     establishment of the system shall
later than 31 December 1981 in           be completed not later than fifteen
respect of roads and by 31 December      years after the entry j.nto. force of
1986 in respect of waterways .           the present Decision .
 ---pagebreak---                                         14 -
              Original text                           Amended text
The timetable of the stages and. the       No change
measures to be taken during each of
these shall be laid dcwn by the
Council on a proposal from the
Commission .
2 . If during the period of                No change
establishment of the charging system
the application of measures
prescribed for any stage gives rise
to serious economic or social
diffixulties in any sector of the
economy , , the Commission may , at the
reiiUect of a Ifeuher State and. after
consulting the other Member States ,
authorize , for a limited period ,
derogations from these measures .
Disturbances caused by such
derogations to the establishment of
the system must be kept to a minimum ,
and the derogations must not go
beyond what is strictly essential to
remedy the difficulties found to have
arisen .
3 . Before the end of each stage the       3 . In £ood time before the end of
Commission shall present to the            each stage , the Commission shall
Council a report on the results of         present to the Council a report on
the measures applied during that           the results              at the time
stage .     In particular , the report     Kit** tho        £& *■>-      C*
shrll record any derogations granted       the measures applied during that
under paragraph 2 and shall if             stage .   In particular , the report
necessary be accompanied by proposals      shall record any derogations granted
to extend the duration of the stage        under paragraph 2 and shall if
in question or to amend the measures       necessary include proposals to extend
to be implemented during the following the duration of the stage in question
stage .                                    or to amend the measures to be
                                           implemented during the following stage .
 ---pagebreak---                                     - 15 -
           Original text                            Amended text
4 . During the period, of establishment  4 . During the period of establishment
of the charging system , compensating    of the charging system , compensating
grants calculated in accordance with     grants calculated in accordance with
common rules to be laid down by the      common rules to be laid down by the
Council on a proposal from the           Council on a proposal from the
Commission shall be    paid to the       Commission shall be paid to the
railway undertakings in order to         railway undertakings in order to
offset the fact that the expenditure     offset the fact that           expenditure
on road and waterway infrastructure      on road and waterway infrastructure
is not borne in full by the users        is not borne in full hy the users
thereof .                                thereof .     These compensating grants
                                         shall be _ deduct ed^ jfrom the jpublic
                                         subsidies granted in the Member
                                         States .
             Article 8                                Article 8     ■
This Decision is addressed to the        No change
Member States .