(2004/C 65 E/222)

WRITTEN QUESTION E-2749/03

by Jan Dhaene (PSE) to the Commission

(15 September 2003)

Subject:   Refund of the German HGV toll (LKW-Maut) by the government of the Flemish Region

The government of the Flemish Region plans to provide compensation for lorry drivers operating in Germany by refunding them part of the cost of the Eurovignette. Lorry drivers who can prove that they have driven for at least 30 days or at least 60 days on the German road network are refunded 1/12 or 2/12 of the cost of the Eurovignette respectively. This refund is in addition to the existing rules under which to 2/12 of the Eurovignette costs are refunded. In practice this will therefore mean that some Flemish road haulage operators recover one-third of the cost of the Eurovignette. Furthermore, the Belgian Federation of Road Haulage Operators, FBETRA, is advising its members to pass on the cost of the HGV toll to their clients.

Does the refund of part of the cost of the Eurovignette by the Flemish Region comply with European law?

Does this refund create a precedent? In other words, can Member States refund environmental taxes levied in other Member States to35 300 private individuals or legal entities?

Answer given by Mrs de Palacio on behalf of the Commission

(21 October 2003)

The Commission has no information regarding a plan by the Flemish Region to reimburse part of the charges paid by consignors who use German motorways.

In principle, the Commission needs detailed information before it can comment on the admissibility of reimbursing road user charges in a Member State. Such a measure is in any event liable to constitute State aid within the meaning of Article 87 of the EC Treaty, given that a measure of this kind involving a transfer of public resources and conferring an advantage upon certain undertakings may threaten to distort competition and affect trade between Member States. All Member States must notify the Commission in advance of any new aid, and the Commission will, as appropriate, assess the aid's compatibility with the internal market.