(2004/C 65 E/211)

WRITTEN QUESTION P-2694/03

by Mathieu Grosch (PPE-DE) to the Commission

(2 September 2003)

Subject:   Introduction of motorway charging in Germany

Following the Commission's most recent decision, I note that the key element in the introduction of German motorway charging has not been resolved.

It has been confirmed by all the players concerned and by German ministers that OBUs (on-board units) are the cheapest and most effective means of paying motorway tolls.

It has been proved that the German Government is unable to meet the demand from haulage firms, which constitutes distortion of the market and a barrier to fair competition.

Even worse, Toll Collect has just confirmed to a Belgian firm that it cannot fit units to more than 75 % of the firm's vehicles.

On the basis of reliable sources, I can confirm that many of the units made available to hauliers, including Belgian and Dutch firms, are faulty. Added to this is the fact that some German firms will supposedly have units fitted to all of their vehicles.

Can the Commission carry out an investigation into Toll Collect's inability to meet the demand from European haulage firms and into the serious complaint made by the sector, to the effect that some firms are placed at an advantage over others?

Answer given by Ms de Palacio on behalf of the Commission

(2 October 2003)

It emerges from different sources that the system of motorway charging in Germany could cause transport problems for road haulage firms. This is because of the limited availability of OBUs (on-board units), the necessary stopping time at paypoints, the additional administrative costs incurred by the firms, discrimination between German operators and operators from other Member States etc.

In accordance with 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 (1), (the ‘Eurovignette’ Directive), motorway tolls must be implemented and collected, and their payment controlled ‘in such a way as to cause as little hindrance as possible to the free flow of traffic’. The Directive also provides that the tolls are implemented without discrimination, either direct or indirect, on the grounds of the nationality of the haulage firm, or the origin or destination of the transport operation.

The Commission initiated the State aid procedure on 23 July 2003 (2) in respect of the measure in question. Furthermore, the Commission and the German Government agreed at the end of August 2003 to set up a temporary working group composed of representatives of both the Commission and Germany. The road haulage sector will also be linked to this group, which will examine the different technical issues that arise in this connection.

The mission of this working group is to follow the different stages of the introduction of motorway charging in Germany. It will aim to ensure that in practice the technical arrangements conform with Directive 1999/62/CE and with the EC Treaty, guaranteeing in particular that the principles of free movement of goods, and of non-discrimination are respected.

The creation of this group clearly does not prejudice the right of the Commission, in accordance with the EC Treaty, to initiate infringement proceedings, if need be, against Germany. This initiative has however, the clear advantage of being able to tackle all of the difficulties concerning the application of the new system, before the effective levying of the toll on 2 November 2003, and involving the players concerned.

(1)  OJ L 187, 20.7.1999.

(2)  OJ C 202, 27.8.2003.