Commissie vraagt Oostenrijk Europese regels te respecteren bij terugdringen emissie (en)
The European Commission has issued a formal opinion on a number of traffic-related measures put forward by the government of Tyrol in order to improve air quality. The Commission welcomes Austria's efforts to reach the air quality targets the EU has set to itself for 2010, and considers that several of the proposed measures will indeed have a positive effect on the environment. It however concludes that the "sectoral driving ban" contemplated by the Austrian authorities on the transit of heavy goods vehicles is not compatible with Community rules.
" The Commission is aware of the difficult situation alpine countries, particularly Austria, face when it comes to environmental and health effects of traffic ", said Jacques Barrot, Vice-president of the European Commission in charge of transport. " We welcome Austria's efforts to reach the Community's air quality targets and wish to cooperate on projects that offer a real solution to traffic-related problems, such as the Brenner base tunnel in the long term and certain traffic-related measures in the short term. However, we cannot endorse the introduction of disproportiona te measures with limited effect on air quality ".
In an opinion issued today, the Commission analyzes a package of measures proposed by Austria to reduce nitrogen oxide (NOx) emissions from cars and heavy goods vehicles in Tyrol. For most of these measures, the Commission's conclusion is that they promote the Community environmental policy effectively and do not hinder the free movement of goods in a manner which would be out of proportion with the objective sought. This applies to, for example, speed limits for passenger cars and driving bans for older or more polluting lorries.
However, the Commission concludes that one of the measures in the package is not compatible with European law. Tyrolean authorities also envisaged banning from a section of the A 12 motorway in the Inn valley any carriage by lorries for a number of goods, such as waste, cereals, timber and cork, stones, soil, rubble, motor vehicles and trailers, building steal, ceramic tiles.... This ban, which would concern 12 km of motorway between Kufstein, at the border to Germany, and Zirl, 12 km West from Innsbruck, would apply to all heavy vehicles carrying the goods in question, irrespective of their emission level. In a judgment delivered in 2005, the Court of Justice has already ruled on a similar measure, concluding that such a measure was in breach of the principle of free movement of goods enshrined in the EU Treaty.
In line with the Court's jurisprudence, the Commission considers that in the present case, the sectoral ban currently proposed by the Austrian authorities cannot be allowed. On the one hand, it is likely to severely impede free movement of goods: on the basis of the available evidence, it seems that the traffic that would be banned from the motorway could not easily be diverted to other means of transport, such as rail. On the other hand, compared to less restrictive measures, the sectoral ban would not appear to lead to any significant improvement in air quality.
The Commission encourages the Austrian authorities to further investigate the feasibility of having recourse to such other, less restrictive, measures, for example lower speed limits. The so far only limited possibility to use rail transport as a way to divert traffic should be studied according to a more facts-based approach. The Austrian authorities should also recognize the need for transitional arrangements for shippers and transport operators to adjust to traffic-related measures that could be introduced, by organizing a broad consultation of all stakeholders beforehand.
Background
Pursuant to EU legislation, [1] Member States who contemplate adopting a new law concerning transport that is liable to interfere substantially with the implementation of the common transport policy must notify such law to the Commission. The Commission is under a duty to allow other Member States to comment, and must deliver itself an opinion on the proposed measure.
[1] Council Decision instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (OJ 23, 3.4.1962, p. 720), as amended by Council Decision 73/402/EEC of 22 November 1973 (OJ L 347, 17.12.1973, p. 48).