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C 261/18 EN Official Journal of the European Communities 19.8.

98

Amended proposal for a Council Directive on the charging of heavy goods vehicles for the use
of certain infrastructuresØ(Î)

(98/C 261/09)
(Text with EEA relevance)

COM(1998) 427 final — 96/0182(SYN)

(Submitted by the Commission pursuant to Article 189a(2) of the EC Treaty on 13 July 1998)

(Î)ÙOJ C 59, 26.2.1997, p. 9.

INITIAL PROPOSAL AMENDED PROPOSAL

(Amendment 2)
Recital 3

Whereas Member States should ensure the functioning Whereas Member States should ensure the functioning
of the internal market and avoid obstacles to the free of the internal market and avoid obstacles to the free
movement of goods or services within the Community; movement of goods or services within the Community;
whereas the proper functioning of the internal market in whereas the proper functioning of the internal market in
transport calls for the reduction of the differences in the transport calls for a harmonisation of the conditions of
conditions of competition in goods road transport due to competition in goods road transport marked by unjus-
unjustifiable divergences in the levels of transport related tifiable divergences in the levels of transport related
charges, including taxes and other relevant levies; charges, including taxes and other relevant levies;
whereas, therefore, vehicle taxes and user charge rates whereas, therefore, vehicle taxes should not be set below
should be set within a maximum and a minimum level; a minimum level and user charge rates should be set
within a maximum and a minimum level;

(Amendment 3)
Recital 3a (new)

Whereas on 7 November 1991 the Convention on the
Protection of the Alps (Alpine Convention)Ø(*) was
concluded in Salzburg;

(Amendment 5)
Recital 9

Whereas minimum rates for vehicle taxes need not apply Deleted
in Member States where a user charge system is in
operation;

(*)ÙOJ C 278, 5.10.1994, p. 8.
19.8.98 EN Official Journal of the European Communities C 261/19

INITIAL PROPOSAL AMENDED PROPOSAL

(Amendment 8)
Recital 16

Whereas the rates of user charges should be based on the Whereas the rates of user charges should be based on the
duration of the use made of the infrastructure in duration of the use made of the infrastructure in
question and be as close to the real costs caused by the question and be as close to the real costs caused by the
road vehicles as possible; whereas this should be pursued road vehicles as possible; whereas this should be pursued
in the short term through the introduction of limited in the short term through the introduction of differ-
differentiation of the rates according to the damage entiation of the rates according to the damage caused to
caused to the infrastructure and the environment; the infrastructure and the environment;

Recital 16a (new)

Whereas reduced rates of user charges may be applied
temporarily for vehicles registered in peripheral Member
States to account for difficulties due to their geopolitical
position.

(Amendment 10)
Recital 18

Whereas two or more Member States may cooperate for Whereas the principle of territoriality should be applied;
the purpose of introducing a common system of user whereas two or more Member States may cooperate for
charges, subject to compliance with some additional the purpose of introducing a common system of user
conditions; charges, subject to compliance with some additional
conditions;

(Amendment 11)
Article 6.1, first subparagraph

Whatever the structure of the taxes referred to in Article Whatever the structure of the taxes referred to in Article
3, Member States shall set the rates so as to ensure that 3, Member States shall set the rates so as to ensure that
the tax rate for each vehicle category or subcategory the tax rate for each vehicle category or subcategory
referred to in Annex 1 is not lower than the minimum referred to in Annex 1 is not lower than the minimum
and not higher than the maximum laid down in that laid down in that Annex.
Annex.

(Amendment 12)
Article 6.1, second sub-paragraph

However, Member States may levy vehicle taxes below Deleted
these minimum rates provided they are applying a user
charge system in accordance with this Directive.
C 261/20 EN Official Journal of the European Communities 19.8.98

INITIAL PROPOSAL AMENDED PROPOSAL

(Amendment 13)
Article 6.1a (new)

1a.ÙÚThe minimum rates and the tax rates actually
adopted shall be reviewed on 1 January 2001 and every
second year thereafter. With a view to greater harmon-
isation and the reduction or abolition of vehicle excise
duties, the Commission shall propose the adjustments
that are necessary for adoption by the council under the
procedure laid down in the treaty.

(Amendment 15)
Article 7.2, first subparagraph a (new)

User charges shall be reduced by 50Ø% for vehicles
registered in peripheral Member States until 31.12.2000.

(Amendment 23)
Article 13.1, second subparagraph

Member States shall forward the necessary information Member States shall forward the necessary information
to the Commission no later than 1 June 1999 in order to to the Commission no later than 1 June 1999 in order to
enable the Commission to draw up the above report. enable the Commission to draw up the above report.
This information shall also specify the degree to which
road traffic costs are covered, by category of vehicle and
road.

The remainder of the text is unchanged.