Select Committee on European Scrutiny Ninth Report


3 Trans-European transport network

(24546)

COM(03) 132

Commission Communication: Developing the trans-European transport network: Innovative funding solutions and interoperability of electronic toll collection systems

Draft Directive on the widespread introduction and interoperability of electronic road toll systems in the Community

Legal base(Communication) —

(Draft Directive) Article 71 EC; co-decision; QMV

Document originated23 April 2003
Deposited in Parliament21 May 2003
DepartmentTransport
Basis of considerationMinister's letter of 27 January 2004
Previous Committee ReportHC 42-i (2003-04), para 5 (3 December 2003)
To be discussed in CouncilNot known
Committee's assessmentPolitically important
Committee's decisionFor debate in European Standing Committee A (decision reported on 3 December 2003)

Background

3.1 The transport Trans-European Network (TEN) is intended to enable citizens of the Union, economic operators and regional and local communities to derive full benefit from the setting up of an area without internal frontiers. The guidelines for the transport TEN have as the key objective: "The trans-European transport network shall be established gradually by 2010 by integrating land, sea and air transport infrastructure networks throughout the community". The guidelines identify the main road, rail and inland waterway routes, ports and airports of common European interest and prioritise projects for development of the network.

3.2 This document is in three parts: the two sections of the Commission's Communication and a draft Directive. The Communication first discusses more effective financial and management instruments for developing the transport TEN. The second section of the Communication discusses the interoperability of electronic toll collection systems. The draft Directive in the document would introduce a European Electronic Toll Service which would cover all road infrastructure in the EU on which tolls or usage fees are collected. A single subscription contract would give access to the service and subscriptions would be available from the manager of any part of the network. The service would concern only the method of collecting charges: it would have nothing to do with the level or purpose of charges.

3.3 When we last considered this document, in December 2003,[9] we had before us additional information we had requested and, on the basis of this, recommended the document for debate in European Standing Committee A. We suggested that amongst matters which Members might wish to consider are, in relation to the draft Directive, the "single box" and the "single contract";[10] and in relation to the wider questions raised in the Communication:

  • the role of charging in encouraging private investment in infrastructure developments and public private partnerships;
  • what costs charges should cover — capital, maintenance and/or externalities (such as environmental damage or congestion);
  • hypothecation — and whether hypothecation would be solely for road or for all forms of transport.

3.4 We also reported the Minister of State, Department of Transport (Dr Kim Howells) telling us that he expected the Italian Presidency to seek agreement on a general approach on the draft Directive at the Transport Council of 4 and 5 December 2003.

The Minister's letter

3.5 The Minister writes now to bring us up to date on progress on the draft Directive. He tells us first that a general approach was adopted at the Transport Council last month. He then reminds us that the Government has severe reservations about the "single contract" proposal, particularly about its relationship to the Government's own planned lorry road user charge, and says that following lobbying of other Member States, the Presidency and the Commission the Government was able to support the "single contract" proposals which went to the Council. The Minister says these were in essence that:

"a decision would need to be taken on the definition of the electronic toll service by 1 January 2006. This decision would set the clock running on when member states would be required to ensure network operators offer the service to hauliers and private motorists.

"this decision would only be made if all the conditions, evaluated on the basis of appropriate studies, were in place to enable interoperability to work from all points of view, including technical, legal and commercial elements

"if the necessary decision was not taken before 1 January 2006 because all the necessary conditions were not satisfactorily in place, a new date would be set.

"once the decision was taken, member states which had electronic toll systems would have to ensure that the electronic toll service was offered to hauliers and bus/coach operators within 3 years and to private motorists and other users within 5 years."

3.6 The Minister comments:

"If, as seems likely, the decision is not taken before 1 January 2006, the main effect is that we would not have to offer a service including contractual interoperability to hauliers before 1 January 2009 and we would not have to offer the service to private motorists and other users before 1 January 2011 at the earliest. And, of course, we should have the comfort that contractual interoperability had been properly defined and shown to work."

3.7 On developments since the Transport Council's agreement on the general approach, the Minister tells us that the European Parliament has adopted 39 amendments to the proposed Directive, to two of which the Government is "unshakeably opposed". These would change the date for the decision on the definition of the electronic toll service — to 2007 rather than 2006 — and the period of time between that decision and when Member States would be required to offer the service — to two years rather than three. He goes on to say :

"At a meeting of the Council working group on 20th January, we made clear that we could not accept these amendments. In order to minimise expensive contractual amendments relating to the introduction of the UK's Lorry Road-User Charge (LRUC) scheme, we would need at least three years from the achievement of certainty before offering the Electronic Toll Service. Also we will need certainty about the scope of the Service as soon as possible to enable contracts for LRUC to be let without delay. The Presidency and other Member States accepted our concerns and it was concluded that the Parliament should be told that the Council wished to maintain the text of the general approach. We shall have to wait to see whether or not the Parliament will acquiesce."

Conclusion

3.8 We are grateful to the Minister for this further information.





9   See headnote. Back

10   Under the draft Directive lorry drivers or motorists would need a single piece of equipment in their vehicle which will work in any country ('single box') and have just one contract through which they receive one bill for any tolls incurred across Europe ('single contract'). Back


 
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