At the sitting of 12 February 2003 Parliament adopted its position at first reading on the proposal for a regulation of the European Parliament and of the Council establishing an ecopoint system applicable to heavy goods vehicles travelling through Austria for the year 2004 (COM(2001) 807 – 2001/0310(COD)).

At the sitting of 15 May 2003 the President of Parliament announced that the common position had been received and referred to the Committee on Regional Policy, Transport and Tourism (6235/1/2003 – C5‑0226/2003).

The committee had appointed Luciano Caveri rapporteur at its meeting of 22 January 2002.

It considered the common position and draft recommendation for second reading at its meetings of 20 May and 12 June 2003.

At the latter meeting it adopted the draft legislative resolution by 42 votes to 5.

The following were present for the vote: Luciano Caveri (chairman and rapporteur), Rijk van Dam and Helmuth Markov (vice-chairmen), Emmanouil Bakopoulos, Carlos Bautista Ojeda (for Camilo Nogueira Román), Rolf Berend, Philip Charles Bradbourn, Luigi Cocilovo, Gerard Collins, Jean-Maurice Dehousse (for Danielle Darras), Jan Dhaene, Den Dover (for Ari Vatanen), Alain Esclopé, Giovanni Claudio Fava, Markus Ferber (for Felipe Camisón Asensio), Jacqueline Foster, Jean-Claude Fruteau (for Garrelt Duin), Mathieu J.H. Grosch, Konstantinos Hatzidakis, Ewa Hedkvist Petersen, Juan de Dios Izquierdo Collado, Georg Jarzembowski, Elisabeth Jeggle (for Dana Rosemary Scallon), Dieter-Lebrecht Koch, Giorgio Lisi, Nelly Maes, Sérgio Marques, Emmanouil Mastorakis, Erik Meijer, Rosa Miguélez Ramos, Enrique Monsonís Domingo, Francesco Musotto, James Nicholson, Wilhelm Ernst Piecyk, Giovanni Pittella (for John Hume), Samuli Pohjamo, José Javier Pomés Ruiz, Carlos Ripoll y Martínez de Bedoya, Agnes Schierhuber (for Reinhard Rack), Ingo Schmitt, Renate Sommer, Dirk Sterckx, Ulrich Stockmann, Margie Sudre, Hannes Swoboda (for Bernard Poignant), Joaquim Vairinhos, Mark Francis Watts and Brigitte Wenzel-Perillo (for Christine De Veyrac).

The recommendation for second reading was tabled on 12 June 2003.

on the common position adopted by the Council with a view to the adoption of a regulation of the European Parliament and of the Council establishing a transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004 (6235/1/2003 – C5‑0226/2003 – 2001/0310(COD))

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (6235/1/2003 – C5‑0226/2003),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2001) 807(2)),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 80 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on Regional Policy, Transport and Tourism (A5‑0213/2003),

1.   Amends the common position as follows;

2.   Instructs its President to forward its position to the Council and Commission.

Council common position   Amendments by Parliament Amendment 1 Title REGULATION (EC) No …./2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of … establishing a transitional transit system applicable to heavy goods vehicles travelling through Austria for 2004 REGULATION (EC) No …/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of … establishing a transitional points system applicable to heavy goods vehicles travelling through Austria for 2004 within the framework of a sustainable transport policy for the sensitive Alpine region   (The change from transitional ‘transit’ to transitional ‘points’ system applies to the whole legislative text. Its adoption will require technical adjustments to be applied wherever reference has been made to the new transitional system to be introduced from 2004.) Amendment 2 Recital 3 a (new)   (3a)   This measure is also justified by the need to protect the environment and therefore the local population from the extremely serious consequences of air and noise pollution caused by the transit of very high numbers of lorries. Amendment 3 Recital 3 b (new)   (3b)   The European Environment Agency notes that enlargement of the European Union is likely to result in a huge increase in transit traffic. The scope of this Regulation should therefore be extended in the course of enlargement to include the applicant countries. Justification The increase in transit resulting from enlargement will add to pollution. The scope of the regulation should therefore be extended to include the applicant countries. Amendment 4 Recital 3 c (new)   (3c)   The United Nations declared 2002 International Year of Mountains and has been promoting the protection and sustainable use of mountain areas in order to preserve the well-being of people living in mountain and lowland areas alike. Amendment 5 Recital 3 d (new)   (3d)   The Convention on the protection of the Alps (Alpine Convention), signed and approved by the European Community1, lays down various rules to reduce heavy goods traffic in the Alpine area. In particular, it lays down that the volume of and dangers posed by intra-Alpine and transalpine traffic are to be reduced to a level which is not harmful to humans, animals and plants and their habitats.   ______________ 1 Council Decision 96/191/EC of 26 February 1996 (OJ L 61, 12.3.1996, p. 31). Justification The transitional points system for the years 2004, 2005, and 2006 should take account of the Alpine Convention. Amendment 6 Recital 4 a (new)   (4a)   It is essential to find non-discriminatory solutions to reconcile the obligations deriving from the Treaty (including Articles 6, 51(1) and 71), for instance as regards free movement of services and goods and protection of the environment and the local population, and from other international conventions and treaties such as the Alpine Convention and in particular the Transport Protocol thereto – which the European Union needs to ratify as a matter of urgency – and the Kyoto Agreement. Amendment 7 Article 1, point (c) (c)   “transit traffic through Austria” means traffic through Austrian territory from a point of departure to a point of arrival, both of which lie outside Austria; (c)   “transit traffic through the Austrian Alps” means traffic through the Austrian Alps from a point of departure to a point of arrival, both of which lie outside Austria; Justification The ecopoints system restricts free movement of goods by regulating the traffic volume. According to the case law of the Court of Justice, such a situation is justifiable only when a major general interest is involved. As far as the ecopoints system is concerned, the only possible justification is the need to protect the Alpine population and ecosystem. A restriction covering Austria as a whole would be unwarranted. Amendment 8 Article 1, point (e) (e)   “transit of goods by road through Austria” means transit traffic of heavy goods vehicles through Austria, whether such vehicles are loaded or empty; (e)   “transit of goods by road through the Austrian Alps” means transit traffic of heavy goods vehicles through the Austrian Alps, whether such vehicles are loaded or empty; Justification The ecopoints system restricts free movement of goods by regulating the traffic volume. According to the case law of the Court of Justice, such a situation is justifiable only when a major general interest is involved. As far as the ecopoints system is concerned, the only possible justification is the need to protect the Alpine population and ecosystem. A restriction covering Austria as a whole would be unwarranted. Amendment 9 Article 1, point (f a) (new)   (fa)   “sensitive Alpine region” means the transnational area comprising the whole of the Alpine arc as defined in geographical terms in the Alpine Convention. Justification Given that the transport problems affecting the Alps have to be resolved on a cross-border basis, the region concerned should be geographically delimited according to an exact official definition. The Alpine Convention has provided the necessary definition. Amendment 10 Article 3, paragraph 2, introduction 2.   From 1 January 2004 to 31 December 2004, the following provisions shall apply: 2.   During the life of the transitional points system the following provisions shall apply: Justification Technical amendment necessary for consistency with Amendment 14 to Article 3(3) concerning the quotas to be set for 2004, 2005, and 2006. Amendment 11 Article 3, paragraph 2, point (b) (b)   The transit of Euro-0 heavy goods vehicles is prohibited, with the exception of the transit of Euro-0 heavy goods vehicles registered in Greece and Portugal and of the transit of certain highly specialised vehicles of high cost and with a long economic life-span; (b)   The transit of Euro-0 heavy goods vehicles is prohibited, except in 2004; Justification Many members of the Committee on Regional Policy, Transport and Tourism, as well as the rapporteur himself, have objected to the exceptions for Euro 0 lorries from Greece and Portugal. Lorries from all countries should be treated in the same way. The ban on Euro 0 lorries is also in keeping with the standard solution for the Alpine region as a whole, as advocated by the rapporteur. (NB: Euro 0 lorries are already prohibited now from using the Mont Blanc route.) Amendment 12 Article 3, paragraph 2, point (d) (d)   The value of the total NOx emissions from heavy goods vehicles shall be set according to a transitional transit system. Under that system, any heavy goods vehicle crossing Austria in transit shall require a number of points equivalent to its NOx emissions (authorised under the Conformity of Production (COP) value or type-approval value). The method of calculation and administration of such points is described in Annex II. (d)   The total NOx emissions attributable to heavy goods vehicles shall be determined on the basis of the former ecopoint system as laid down in Protocol 9 to the Act of Accession of the Republic of Austria to the European Union. Under that system any heavy goods vehicle shall require, in order to cross Austria, a number of points equivalent to its NOx emissions (authorised under the Conformity of Production (COP) value or type-approval value). The method of calculation and administration of such points is described in Annex II. Amendment 13 Article 3, paragraph 2, point (g) (g)   The reallocation of points of the Community reserve shall be weighted according to the criteria mentioned in Article 8(2) of Regulation (EC) 3298/94 and, more particularly, according to the effective use of the points allocated to Member States as well as to the specific needs for the hauliers transiting Austria through the route Lindau-Bregenz-St. Margarethen (“Hörbranz-Transit”). (g)   The reallocation of points of the Community reserve shall be weighted according to the criteria mentioned in Article 8(2) of Regulation (EC) 3298/94 and, more particularly, according to the effective use of the points allocated to Member States. Justification It follows logically from the other amendments (especially relating to the quota system for three Alpine passes only (see Amendment 14), which should be covered by special arrangements), that ‘Hörbranz-Transit’ should not be the subject of specific rules. Amendment 14 Article 3, paragraph 3 3.   If the Eurovignette proposal on charging for the use of infrastructure is not adopted by 31 December 2004, all terms of paragraph 2 will be extended for one further year, and, if this proposal is not adopted by 31 December 2005, for a second year at the most. In such case, the Commission, with the help of an independent expert, shall undertake an analysis on the traffic of Euro 4 standard vehicles for the transit through Austria; the amounts of available points as mentioned in Annex I for the years 2005 and 2006 shall be adjusted on the basis of that analysis, within the respective quotum bands, in accordance with the procedure laid down in Article 5. 3.   If the legislation on charging for the use of infrastructure has not entered into force by the end of 2004, the use of environment-friendly lorries shall be encouraged for transit traffic in the Austrian Alps, in particular in the Brenner, the Tauern and the Pyhrn, in accordance with the following arrangements:   In 2004:   -   quota system1 for Euro 0, 1, and 2 lorries2,   -   unrestricted transit for Euro 3 lorries.   In 2005 and 2006:   -   no transit for Euro 0 and 1 lorries,   -   quota system for Euro 2 lorries,   -   unrestricted transit for Euro 3 and 4 lorries.   After 2006, no quota system shall be applied.   _____________ 1 The quotas will be based on the 2002 ecopoint quotas.   2 Lorries complying with emission standards as defined in Council Directive 91/542/EEC of 1 October 1991 amending Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants from diesel engines for use in vehicles (OJ L 295, 25.10.1991, p. 1) and in Directive 1999/96/EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/EEC (OJ L 44 , 16.2.2000, p. 1). Amendment 15 Article 3, paragraph 3 a (new)   3a.   The Commission, acting in accordance with the procedure laid down in Article 5, shall:   -   fix the number of points in accordance with Article 3(2)(b);   -   adopt detailed measures concerning the procedures relating to the transitional points system, the distribution of points and technical issues concerning the application of this Article;   -   increase proportionally by each new Member State and by year the quotas fixed in accordance with the provisions of Article 3 and the annexes, taking account of the accession of Central and Eastern European countries in 2004. Amendment 16 Article 4, paragraph 1 a (new)   1a.   The decisions of the Commission and the committee referred to in Article 5 must be consistent with a sustainable transport policy devised for the Alpine region as a whole, especially sensitive areas such as the Brenner area, Mont Blanc, the Tauern, the Pyhrn, the Lyons to Turin route (Fréjus), and others. That policy shall be based on the one hand on the objective obligations incumbent on the European Union and its Member States under the provisions of the EC Treaty, the Alpine Convention and other binding instruments, and also, in so far as legislation permits, on the principles set out by the Commission in its White Paper on European transport policy for 2010 with regard to sensitive mountain regions, for example sustainability, freedom to provide services, protection of citizens and the environment, promotion of intermodal transport, and cross-financing.   The above policy must result in a traffic flow regulation system applying only to Alpine passes and other ecologically sensitive areas lying along trans-European corridors, and shall comply fully with Article 3(3). Amendment 17 Article 4, paragraph 3 a (new)   3a.   The countries affected by this Regulation shall be called upon to include in the existing system the necessary checks to ascertain whether NOx emissions from heavy goods vehicles actually correspond to the COP value or type-approval value.

(1) Texts adopted, 12 February 2003, P5_TA-PROV(2003)0048. (2) OJ C 103 E, 30.4.2002, p. 230.

I.   The common position

-   The Council common position has attracted fierce resistance within the Committee on Regional Policy, Transport and Tourism. The reason is that it does not differ one iota from the text of the political agreement of 31 December 2002, a fact which most members found disappointing. The rapporteur is accordingly proposing to revert to the position resulting from Parliament’s first reading, which was adopted by a majority of 430 votes to 79, with 19 abstentions.

-   He has also added two amendments (Amendments 11 and 13) to remove the exceptions introduced by the Council, and widely criticised in the committee, relating specifically to Greek and Portuguese Euro 0 lorries and special vehicles (the definition is too vague) and to reallocation of ecopoints weighted in favour of ‘Hörbranz-Transit’, which makes no sense under the arrangements being proposed by the rapporteur, because, quite simply, the points system does not apply to that part of Austrian territory.

The main areas of disagreement between the Council common position and Parliament’s first reading, which the rapporteur is seeking to reinstate, are summarised below:

The principal common ground relates to:

-   the ban on Euro 0 lorries (barring the exceptions, see Amendments 11 and 13),

-   the fact that the Euro 4 standard will not be subject to the proposed arrangements.

II.   Comments

To prepare this report, the rapporteur and RETT Committee consulted various people, including the transport ministers of Germany, Italy and Austria, at its meeting of 10 September 2002. The rapporteur also listened carefully to members of the committee, who took the opportunity to put questions to ministers and also put forward their own points of view.

In addition a number of contacts were made with associations, interest groups, NGOs, political organisations, etc. These greatly contributed to the thinking and coordination work of which this report is the result.

It is clear that viewpoints diverged markedly, but each party concerned was aware that we have a duty to prepare for the future, and that going back to the stage of base recrimination would lay us open to the charge of inaction and inertia. We are still at present facing a total stalemate, although there is evidence of goodwill.

The problem has surfaced at European Union level because no solution has been found at the bi- or trilateral level. Quite rightly, in the statements and discussion at the meeting of 10 September, and in the numerous contacts with representatives from the whole spectrum of the parties involved, the wish was expressed for a European solution, which should be compatible with the Alpine Convention Transport Protocol, whose early ratification by the European Union is desirable. To this end the rapporteur has also already clearly expressed his support for a European solution, to prevent the persistence of two separate classes of European citizen in the Alps.

Although there are signs of such a solution in the distance, we are not yet ready to apply it because several measures, particularly legislative measures, first need taking to create the necessary legal framework.

The European Union must finally give itself the means for dealing with the problem!

The main principles that will form the basis of the solutions in the case of funding were announced in the latest Commission White Paper on transport: better charging for infrastructure use, cross-financing for infrastructure in the Alps and Pyrenees, and increased EU participation in the funding of major infrastructure projects forming part of the trans-European transport network. The method of calculation and the details need regulating, and the legislative process will take its time, but every institution, not only at EU but also at national level, involved in that process carries a heavy responsibility to ensure that the procedures are completed as soon as possible.

In the case of the environment, particularly atmospheric emissions, the old ecopoints system has, in conjunction with the Auto-Oil programme, helped to provide a significantly improved ‘environmental contribution’ from heavy goods vehicles compared with the past. And we are only halfway there! The table shows the different stages in the Auto-Oil programme. It shows that there have been significant reductions in the various polluting gases and particles. But in the mean time we have now come to face another task: to devise a provisional solution that will be valid for the period leading up to the introduction of a definitive solution. That is a delicate task and a balancing act that will call for a great deal of understanding from us all!

III.   Efforts to find a solution

In response to the hopes expressed by Heads of State or Government at the Laeken and Copenhagen Summits, admirable efforts were made by the Danish Presidency in trying to come up with a last-minute solution.

It must be understood that this can only be a ‘virtual’, non-formalised solution, consisting of extending the ecopoints system for three years on the whole of Austrian territory and with measures to encourage the phasing-out of old polluting lorries and introduce the less polluting Euro 4 models.

What the rapporteur deeply regrets is that agreement by a number of countries apparently could only be obtained in exchange for derogations and exemptions in favour of certain countries, and that the two main protagonists in this scenario (Austria and Italy) were actually opposed.

The solution may well require a whole new approach to the problem. That was the view shared by the great majority on the Committee on Regional Policy, Transport and Tourism when it adopted its amendments to the Commission proposal.

IV.   The amendments

1.   In its amendments, the Committee on Regional Policy, Transport and Tourism has tried to take into account and reconcile:

-   Concern for the environment where it is most necessary (viz. quotas on transit through the three Alpine passes);

-   Ending the infringement of the principle of free movement of goods and services that an ecopoints system on the rest of Austrian territory constitutes; pressure on the three Alpine passes should then reduce spontaneously;

-   Phased withdrawal of polluting lorries;

-   Encouraging introduction of new-generation Euro 4 engines;

-   Streamlining the legislative process, thus paving the way for the entry into force of charging for the use of infrastructure.

2.   Similarly, by making heavy goods vehicles in categories Euro 0, 1 and 2 subject to quotas, we are giving expression to the view that the special position of the Alpine routes needs recognising. It also is an incentive for renovating the heavy goods vehicle fleet and using the best available technology.

To illustrate the available margin for manoeuvre, we should note that at present emission values for lorries in category Euro 3 fitted with a catalyser and particle trap at the manufacturing stage may be as low as half the values imposed for the future Euro 5 lorry(1), to be introduced in 2008.

We must also point out that significant progress will be made not only in terms of NOx (nitrogen oxides) emissions but also in terms of HC (hydrocarbons), CO (carbon monoxide) and particles.

It is clear from research carried out by the European Environment Agency(2) that in a few years’ time the problem of emissions of polluting gases from heavy goods vehicles’ diesel motors will be largely resolved.

The aspect of sound pollution may be partly resolved by technical action but will never be totally eliminated.

3.   On this last point, namely congestion and the presence of a very large number of lorries on the transalpine routes, it may in theory be remedied by the construction of the Brenner Base Tunnel. This project should be started as soon as possible. But even aiming for more effective use of the present railway line could make a substantial contribution to the provisional solution of this problem.

Indeed, the present railway line is largely underused; given the means, it would be possible to run about another 80 trains a day.

The rapporteur accordingly welcomes the coordination effort by the working party, comprising delegations from Germany, Austria and Italy, which has the task of improving the efficiency of the present rail infrastructure. In the interests of its credibility it is essential for progress to be made in the near future.

4.   In view of the close links between the ecopoints aspect and the matter of framework legislation on charging for infrastructure use, the rapporteur takes the view that the European institutions involved in the legislative procedure should take responsibility in this specific case by bringing pressure to bear for entry into force of the framework legislation on charging for infrastructure use. If the legislation is not in force by 31 December, a vacuum risks being created.

V.   Conclusion

With these proposals the rapporteur wishes to contribute to sorting out the almost inextricable problem of ecopoints. The proposals will hopefully form the basis of a solution that will also take into account the emergence in the Alps of several citizens’ movements whose aim is to stop the transit of heavy goods vehicles. We should also remember that, following the terrible accident in the Mont Blanc Tunnel, the capacity of road tunnels will in future be limited everywhere by safety measures based on a specific directive.

Clearly, in the long run, with the new infrastructure in place and better use of technology, the ecopoints system will have played the role of catalyser (sic) in the history of road transport by encouraging the use of advanced technologies, for the benefit of the Alpine environment as well as the other regions.

The solution put forward here is only a transition towards the European solution that most of those involved want to see. That is the EU’s contribution, but the Member States concerned must themselves make a considerable effort in the near future to step up their coordination so as to increase the use of underused rail capacity without delay.

In the medium term, there are signs of a European solution in the White Paper on transport, the main points of which have already been mentioned in the introduction. At the same time technical progress is continuing, and noxious gas emissions from diesel motors will be reduced to extremely low levels. If the governments are going to take their own arguments about pollution seriously, they will need to actively promote the introduction of super-clean engines, and from that point of view the distinction between transit and local heavy goods vehicles should cease to exist. The authorities might also include tests on engines that may well have been tampered with, emissions from which are therefore more polluting than specified by their official category standards.

But even these points can only be partial aspects of the solution that must be sought in a much wider context, namely the use of other transport modes, as is the case with intermodal transport, which is already substantial in the Alps, but also with short sea shipping and other means. Here the rapporteur invites the Commission and the Member States to continue, in full agreement with Parliament, their efforts to set up an intelligent general plan for all the mountain regions.

ANNEX I

EURO EMISSION STANDARDS

in grams per kilowatt-hour (g/kWH)

See COM(2000) 862, page 17.

(1) ‘Investigation of the feasibility of achieving euro V heavy-duty emissions limits with advanced emission control systems’ – Document published by the Association for Emissions control by Catalyst www.aece.be. (2) Technical report No 74 – ‘National and central estimates for air emissions from road transport’ See website www.eea.eu.int.