On 8 July 2008 the European Commission (the "Commission") launched a package of proposals to make transport greener and more sustainable. This package breaks down into 5 parts:-
- a communication regarding greening transport;
- a greening transport inventory;
- a strategy to internalise the external costs of transport
(aka 'monetisation');
- a communication on reducing rail noise; and
a proposal to revise the Directive on infrastructure charging for heavy goods vehicles (otherwise known as the Eurovignette Directive).
The aim is to facilitate more efficient transport, raise funds for new or revised infrastructure and alternative transport, and to encourage behavioural change.
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The European Commission's "Greening Transport Package": A Stepped Approach
On 8 July 2008 the European Commission (the
"Commission") launched a package of proposals to make
transport greener and more sustainable. This package breaks
down into 5 parts:-
- a communication regarding greening transport;
- a greening transport inventory;
- a strategy to internalise the external costs of transport
(aka monetisation');
- a communication on reducing rail noise; and
- a proposal to revise the Directive on infrastructure
charging for heavy goods vehicles (otherwise known as the
Eurovignette Directive).
The aim is to facilitate more efficient transport, raise
funds for new or revised infrastructure and alternative
transport, and to encourage behavioural change.
Infrastructure charging
The Eurovignette Directive is presently the only EU
directive on infrastructure charging. It covers the use of
certain road infrastructure by heavy goods vehicles and allows
distance based charges (tolls) or time based charges. At
present it sets requirements for toll and user charge systems
where Member States choose to implement them on the
trans-European road network. However it currently excludes the
ability to include environment and health costs in toll prices.
This has been excluded until a common methodology for the
calculation and internalisation of external costs can be
developed and applied to all modes of transport. The
Eurovignette Directive itself calls on the Commission to
present a model for the assessment of all external costs
arising from the use of the transport infrastructure to act as
the basis for future calculations of infrastructure charges. In
2006 the Commission was tasked with proposing a strategy for
implementing such a model accompanied by, if necessary,
proposals to revise the Eurovignette Directive.
Internalising the external costs of transport
Following research and consultation the Commission has
proposed a common framework for estimating the external costs
of transport in the EU. This is supplemented by a strategy that
identifies how external costs can be internalised in all modes
of transport taking into account mode and impact (e.g.
depending on the location and the time of day).
The strategy for the internalisation of external costs covers
the costs of congestion, air pollution, noise and climate
change.
Proposals to amend the Eurovignette Directive
The proposal for a Directive amending the Eurovignette
Directive (the "Amending Directive") is intended to
enable (not compel) Member States to calculate and vary tolls
applied to heavy goods vehicles on the basis of costs of
traffic based pollution and peak hour congestion levels. The
related proceeds would be used to increase sustainable
transport. The Amending Directive sets out formulae and
prescribed unit values for the cost of traffic based air
pollution, noise pollution and congestion. (The accompanying
communication to the proposal notes that private transport is
not covered, but Member States are encouraged to implement a
charging system for all road transport as an incentive to
change behaviour.) The toll amount will be determined by an
independent authority in each Member State applying the common
calculation method. The charges may vary according to matters
such as the EURO emission class, the type of roads and the time
period in cases where the charge includes the cost of
congestion and/or traffic based noise pollution. It is
suggested that the average amount of the external cost charge
will be in the range of 4-5 eurocents per kilometre for a 40
tonne vehicle with a EURO IV engine. The proposal also gives
Member States the option to pilot schemes to assess the
cost/benefit of toll systems on lesser used networks.
For a transitional period until 31 December 2011, a Member
State may choose to apply tolls and/or user charges only to
vehicles having a maximum permissible laden weight of not less
than 12 tonnes. Thereafter, save for certain exceptions, tolls
and/or user charges shall be applied to all vehicles or
articulated vehicle combination intended or used exclusively
for the carriage by road of goods and having a maximum
permissible laden weight of over 3.5 tonnes. The Amending
Directive does not prevent Member States from applying
regulatory charges to urban roads specifically designed to
reduce traffic congestion or combat environment impacts in
built up areas. The Commission is obliged to report by 2013 to
the European Parliament and the Council on the implementation
and effects of the Amending Directive and assess the
internalisation of external costs which internalisation will be
updated in line with scientific developments. Reference is made
to the potential of including other external costs such as
those relating to harm to biodiversity.
The text of the draft Amending Directive indicates
implementation by Member States by 31 December 2010 at the
latest. Initial feedback from the European Parliament is that
the Eurovignette measures must be compulsory, not voluntary as
presently envisaged.
Other sectors
The proposal to revise the Eurovigrette Directive will make
it possible to internalise external costs in rail without
reference to other forms of transport. (The present
Eurovignette Directive restricts this ability unless other
modes of transport also internalise certain costs). Activity
should be expected in this area, see further below.
Different approaches are to be adopted in respect of inland
waterways. Here all external costs are to be internalised.
Maritime transport is less advanced in the internalisation of
such costs. The Commission proposes to act in 2009 if at that
stage the International Maritime Organisation has not agreed
concrete measures to reduce GHG emissions from maritime
transport including the possibility of inclusion into the
European Union Emissions Trading Scheme ("EU
ETS").
Complementary measures
There may be some products and services where
internalisation of costs is unlikely to lead to a change in
behaviour or if action is not taken to kerb negative impacts,
growth may be inhibited or restricted. In these instances the
Commission aims to introduce complementary measures. For
example, a separate communication to reduce rail noise from the
existing fleet, sets out measures to introduce low noise
brakes. These include a combination of combined noise emissions
ceilings, voluntary commitments and financially geared
legislation. In respect of the latter, quieter freight wagons
will be charged less to allow recoupment of investment and
following a retrofitting period higher charges will be applied
to noiser wagons in addition to overall noise emission caps for
all wagon fleet.
Other measures in the next 18 months
Five other areas are on the Commission's action
list:-
1. Climate change
There is proposed legislation on the reduction of emissions of
nitrogen oxides (NOx) from aviation. In road transport measures
will be proposed to reduce the CO2 emissions from new vans,
tyre labelling and the revision of the existing car labelling
directive.
2. Local pollution
There is proposed legislation to limit the emission of
volatile organic compounds during the refuelling of passenger
cars and a proposal to further reduce the sulphur content of
liquid fuels.
3. Noise
In addition to legislation on rail noise, there is a possible
revision of the existing Directive on aircraft noise and future
proposals to revise the Directive on environment noise.
4. Congestion
There are plans to provide funding under the Trans
European Network programme for electronic toll systems
implemented jointly by at least two Member States.
5. Cross sector measures
A number of measures are envisaged such as legislative
proposals on rail freight and revision of the Directive on Rail
Infrastructure Charging; a legislative initiative to set out a
common approach to facilitate market exposure and
implementation of existing intelligent transport systems (ITS)
technologies, and the revision of the Energy Taxation Directive
to better complement the EU ETS and the EU's climate
change goals.
In 2009 the Commission will present a report on long term
scenarios for the development of transport policy for the next
20 - 40 years.
A copy of the full proposals is available here.
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 31/07/2008.
