Commission again appeals to Austria to modify traffic restrictions on the A 12 motorway

Commission again appeals to Austria to modify traffic restrictions on the A 12 motorway – Sectoral ban

Today the European Commission sent a reasoned opinion to Austria in order to request modifications as to traffic restrictions for heavy goods vehicles on the A 12 motorway in Tyrol. The Commission considers that the sectoral ban that entered into force on 2 May 2008 creates obstacles to cross-border trade.

The Austrian A12 motorway is an important connection for transports of goods within the internal market. In order to improve ambient air quality in the Inn valley and following the exceedance of NO2 targets near the motorway the Tyrolean authorities have introduced several traffic restrictions in past years. While the Commission supports programmes that ameliorate air quality and therefore did not dispute most of these measures, it raised repeatedly doubts about a sectoral ban which prohibits trucks from using the A 12 motorway based on the goods they are transporting.

The problem of a sectoral ban is that it is not linked to the actual emissions produced by the means of transport used, but instead to the goods transported, which have no specific impact emission-wise. Thereby it deviates from the polluter-pays-principle on which measures intended at reducing specific emissions should be basically based.

In 2005 the European Court of Justice confirmed already that a sectoral ban infringes principles of Community law, if applied when less restrictive measures are still available (Case C-320/03). In a letter of formal notice sent in January 2008 the Commission reminded the Austrian authorities of the findings of the Court. With this reasoned opinion the Commission appeals now again to Austria to modify the sectoral ban and to achieve proportionate traffic restrictions.

Austria has one month to react to the reasoned opinion. On the basis of this reaction and subject to the outcome of further contacts with the Austrian authorities, the Commission will decide how to proceed.

Background information on infringement proceedings

The reasoned opinion is the final step of the pre-litigation procedure under Article 226 EC-Treaty. If the Commission is not satisfied with the reaction of the Member State to the reasoned opinion it may refer the case to the European Court of Justice.

Published on: 2008-05-06

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